Criminal Defense Attorney Rahul Balaram Discuses Prosecution for Murder: Jurisdiction is Key

Every court case is complicated, especially those concerning murder, and jurisdiction plays a crucial role in prosecuting a person for murder and manslaughter charges. Here, criminal defense attorney Rahul Balaram discusses prosecution for murder.

Jurisdictional issues occur when it is somewhat unclear what court will hear the case. Because there are many jurisdictional issues regarding the prosecution of murder and manslaughter charges, specific rules exist for a number of unique situations.

These include jurisdictional issues for military members, for crimes committed under the definition of a hate crime, crimes committed in international waters, and other specifics that will change jurisdiction from state to federal to international courts.

Manslaughter or murder is still considered a crime wherever you are, but because the crime of murder can happen anywhere, it's important to understand where the trial will take place and what nuances associated with that court.

What Is Jurisdiction?

Jurisdiction is the appointed power or authority allowed to make decisions for a case. When it comes to any criminal case, who has jurisdiction over it depends on where the crime occurred. In general, state courts have jurisdiction over state cases, the federal court has jurisdiction over cases that either crossed state lines or was committed in federal areas, and the international courts decide for crimes committed in international waters.

Types of Jurisdiction

Then, there is the matter of the four types of jurisdiction: exclusive, concurrent, original, and appellate. Exclusive jurisdiction happens when federal courts are the only authority to hear a case; state and international courts have no say, whatsoever. With concurrent jurisdiction, either the state or federal courts can hear a case. Original jurisdiction occurs when a case goes straight to the Supreme Court and doesn't have an intermediate stage, but this is much rarer. Lastly, appellate jurisdiction is when the Supreme Court can only hear a case if it is being appealed.

There are also military courts that deal with cases that involve military members, whether on or off a military base. If a person is in the military and commits a crime, they may be arrested by local law enforcement, but the military will take over the case.

Why It Matters

Where the court case takes place is crucial.

Firstly, only courts that have the authority to hear the case; the location where the crime took place must be under their jurisdiction, otherwise the case has a major flaw. 

Then, there's the matter of connections. If your case takes place in a more local court system, your criminal defense attorney may know the judge, prosecutor, and other members of the court. They'll know their personal preferences, common attacks and how to work against those claims, and so on, which can significantly improve your defense.

Finding the Right Attorney

Legal matters are complicated, which is why you need an attorney to represent you.

Once you know where your case will be heard (state, federal, international), you must find a criminal defense attorney that knows the system in and out and has ample experience defending clients with similar charges in that court.

Having a criminal defense attorney who is well seasoned in that specific court means you can trust that they know the best way how to represent you. That will give you the best odds at expunging or lessening any charges you're facing.

About Rahul Balaram:

Rahul Balaram worked as a Public Defender for Solano County for many years and has represented hundreds of clients. Most recently, he worked on the misdemeanor conflict panel representing indigent clients. Rahul can be contacted at the Balaram Law Office in Santa Rosa and is available for consultation by phone and text 24/7. He represents his clients with dignity, compassion, and competence. 

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