Can a State Criminal Case be Removed to Federal Court?
In the United States, criminal cases are typically heard in state courts. However, there are situations where a state criminal case can be removed to federal court. In this article, we will explore the possibility of removing a state criminal case to federal court and the procedures involved.
Removal to Federal Court
Removal is the process of transferring a case from a state court to a federal court. This is governed by 28 U.S.C. § 1441, which provides that a defendant may remove a civil action or criminal case from a state court to a federal court if the district court has subject matter jurisdiction over the action.
Subject Matter Jurisdiction
For a state criminal case to be removed to federal court, the court must have subject matter jurisdiction over the case. Subject matter jurisdiction refers to the authority of a court to hear a particular type of case. In federal courts, subject matter jurisdiction is based on the Constitution, federal statutes, or treaties.
Grounds for Removal
There are several grounds for removal of a state criminal case to federal court. Some of the most common grounds include:
- Federal Question Jurisdiction: The case involves a federal question, meaning it arises under the Constitution, a federal statute, or a treaty. (See 28 U.S.C. § 1331)
- Diversity Jurisdiction: The case involves diverse parties, meaning the plaintiff and defendant are citizens of different states and the amount in controversy exceeds $75,000. (See 28 U.S.C. § 1332)
- Fugitive from Justice: The defendant is a fugitive from justice and has been charged with a federal crime. (See 18 U.S.C. § 3242)
- Lack of Jurisdiction: The state court lacks jurisdiction over the case, and federal court has jurisdiction. (See 28 U.S.C. § 1441(b))
Procedure for Removal
If a defendant wants to remove a state criminal case to federal court, they must file a notice of removal with the federal court and serve a copy on the plaintiff (the state) within 30 days after the defendant has received the summons and complaint. The notice of removal must specify the grounds for removal and the jurisdictional basis for the case.
Opposition to Removal
The plaintiff (the state) may oppose the removal and argue that the case should remain in state court. The opposition must be filed within 14 days after the notice of removal has been served. The parties may then engage in a hearing to determine whether the case should be removed to federal court.
Consequences of Removal
If the case is removed to federal court, the prosecution will continue under federal laws and procedures. The federal court will have the power to dismiss the case or proceed with the trial.
Examples of Successful Removals
There have been several high-profile cases where state criminal cases have been removed to federal court. For example:
- In United States v. Lopez (1995), a case involving the possession of firearms in a school zone was removed from state court to federal court.
- In United States v. Jones (2012), a case involving the sale of counterfeit goods was removed from state court to federal court.
Table: Summary of Grounds for Removal
| Ground | Description |
|---|---|
| Federal Question Jurisdiction | Case arises under the Constitution, a federal statute, or a treaty. |
| Diversity Jurisdiction | Case involves diverse parties and the amount in controversy exceeds $75,000. |
| Fugitive from Justice | Defendant is a fugitive from justice and has been charged with a federal crime. |
| Lack of Jurisdiction | State court lacks jurisdiction over the case, and federal court has jurisdiction. |
Conclusion
In conclusion, a state criminal case can be removed to federal court if there is subject matter jurisdiction and one of the grounds for removal is present. The procedure for removal involves filing a notice of removal with the federal court and serving a copy on the plaintiff. The opposition to removal must be filed within 14 days after the notice of removal has been served. If the case is removed to federal court, the prosecution will continue under federal laws and procedures.
