Understanding Differences Between Postal Crimes and State Crimes

Understanding Differences Between Postal Crimes and State Crimes

When it comes to criminal activity, there are both state crimes and federal crimes. State crimes involve breaking laws that were created by each individual state. Federal crimes involve violating federal laws passed by Congress. One type of federal crime that people may not be as familiar with is postal crimes, which involve misuse of the U.S. mail system.

Postal crimes are investigated by postal inspectors and prosecuted in federal court. There are some key differences between postal crimes and state crimes that are important to understand.

Jurisdiction

One of the biggest differences between postal crimes and state crimes is jurisdiction. State crimes are prosecuted in state courts based on violations of state law. Postal crimes fall under federal jurisdiction and are handled in federal court, even if the crime occurred entirely within one state.

This is because the U.S. Constitution gives Congress the power to establish post offices and post roads under Article I, Section 8. So any crimes involving misuse of the mail system fall under federal authority. The federal criminal code lays out a range of postal crimes that can be prosecuted in federal court.

Investigation

Another key difference is the agency that investigates postal crimes compared to state crimes. State crimes are investigated by local police departments, county sheriff’s offices, or state law enforcement agencies. Postal crimes are investigated by the United States Postal Inspection Service.

Postal inspectors are federal law enforcement agents who enforce over 200 federal laws related to misuse of the mail system. They have jurisdiction across state lines and collaborate with other federal agencies on postal crime cases. State law enforcement does not have authority when it comes to investigating postal crimes.

Types of Crimes

There are many types of state crimes such as assault, burglary, theft, fraud, arson, rape, murder, etc. Postal crimes relate specifically to misuse of the mail system and include:

• Mail fraud
• Identity theft
• Mail theft
• Postal money order fraud
• Credit card fraud
• Check fraud
• Mail bombs or weapons sent through the mail
• Drug trafficking via mail
• Lottery fraud

Any crime that involves misuse of the mail system falls under federal jurisdiction as a postal crime, even if the crime itself is something typically prosecuted under state law.

Penalties

There are also key differences in penalties between postal crimes and state crimes. Many state crimes have penalties defined under that state’s law. Postal crimes all fall under federal sentencing guidelines.

In general, federal crimes tend to have stiffer penalties than state crimes. Even a relatively minor postal crime can potentially result in years in federal prison. Federal sentences often require serving at least 85% of the term, compared to shorter sentences for state crimes. Fines for postal crimes can also be substantially higher than for state crimes.

Defenses

When it comes to defending against postal crime charges, the approaches may differ from defending against state charges. For state crimes, common defenses involve challenging evidence, eyewitness testimony, police procedures, etc. For postal crimes, common defenses include:

• Challenging federal jurisdiction
• Attacking the reliability of postal inspectors’ evidence
• Claiming lack of criminal intent
• Arguing the defendant was entrapped
• Challenging issues with search warrants or interrogations

Federal courts can be less forgiving than state courts when it comes to technicalities that lead to acquittals. Having an experienced federal criminal defense lawyer is important when facing postal crime charges.

Examples

Here are some examples that highlight key differences between postal crimes and state crimes:

Mail Fraud

Alice runs an online retail store and ships orders to customers via USPS. She lies about having high-end electronics in stock to collect payments but never ships the merchandise. This scheme defrauds customers in multiple states. While fraud may be prosecuted under state law, Alice’s use of the mail system means her crime can be charged federally as mail fraud. It will be investigated by postal inspectors and prosecuted in federal court.

Drug Trafficking

Bob ships packages of illegal drugs from California to customers in other states using USPS. Even though the drugs themselves are illegal under state laws, Bob’s use of the mail system means he has committed a federal crime. He could be prosecuted for federal drug trafficking charges as well as postal crimes related to mailing contraband. This would lead to an investigation by postal inspectors and federal charges.

Mail Theft

Carol steals mail from residential mailboxes, which is typically prosecuted under state law as larceny or theft. But because the theft involved mail, it is also a federal crime. Carol could face charges for theft of mail in federal court in addition to any state charges. Postal inspectors would investigate the federal aspect.

As these examples illustrate, any crimes involving the mail system can lead to federal postal charges even if the criminal activity would normally fall under state jurisdiction. The consequences for postal crimes tend to be more severe than similar state crimes.

Key Takeaways

The key differences between postal crimes and state crimes include:

• Postal crimes are prosecuted federally while state crimes are prosecuted by the state
• Postal inspectors investigate postal crimes, not state/local law enforcement
• Postal crimes relate specifically to misuse of the mail system
• Penalties for postal crimes often involve lengthy federal prison sentences
• Defending against postal crimes requires different strategies than state charges

Understanding these differences is important for anyone who may be involved in criminal activity using the U.S. mail system. Even minor crimes can lead to severe consequences when they enter the realm of federal postal violations. Consulting with a criminal defense attorney who has experience with postal crimes is essential.