In criminal law, jurisdiction and location can make a big difference in the level of crime you are charged with and the penalties associated with it. The United States of America was based on the concept of federalism, in which each individual state had sovereignty. The states were designated as custodians of criminal laws and the budget. Over the years, the federal government has increasingly asserted power over the states and has even developed its own penal system. In its current form, a person can be charged with a crime such as drug trafficking at both the state and federal levels. The penalties, however, will be different. What is true at the state and federal level is equally true when comparing regional laws and penalties. For example, the state will have drunk driving laws, but each county, city, or municipality will have different statutes or even associated penalties. Local New York City statutes prevent citizens from purchasing mace, while 15 miles away it is legal to own and carry it.
Obviously, these discrepancies can make it difficult for visitors to an area or someone who has recently moved to that area to keep track of legislation and comply with the law. This becomes painfully obvious when travelers coming from the southern United States, where gun laws are less stringent, try to drive along the coast and fall victim to the whim of the law. What is completely legal to possess and transport in Virginia can literally land you a 5-year prison sentence at the Empire State Building.
In addition to the statutes and criminal codes, there is also the mood or pace of the courts that will hear your case. Some counties and their representatives are tougher on certain types of crimes than others. A DUI in the Bronx would produce a result or offer, while in Queens or Nassau you would be less likely to get the same first offer due to the community’s stance on drunk driving.
It becomes difficult for attorneys to provide sufficient answers to the defendant’s families when it comes to why their son or daughter just received a B felony for criminal sales or why a military veteran is considering criminal charges for having their gun in their car as he was driving through another state to get home for Thanksgiving. The laws and rules seem fickle to the average person, and the truth should be known to the average attorney as well.
There are times when many of us question the system, and in those times it is a healthy practice to understand why the framers of our Constitution established it this way. This system allows people to move to areas that align with their values or to shape their area in this way. Someone who wants to have an AR-15 can move to Texas or Virginia. Someone who does not want these types of weapons in their community can move to New York or Massachusetts.
Understanding the laws in your region or the region you are staying in is as simple as consulting an online law library. This is recommended for anyone considering moving to another state or county or even trying to drive across the country.