Queens High Net Worth Divorce Lawyer: Can District Attorneys Prosecute Cases in Federal Court? Look, you might wonder if a local district attorney has the authority to handle federal charges in the midst of your high net worth divorce battle in Queens. The short answer is that federal laws generally restrict local prosecutors from pursuing cases in federal court, because the U.S. Attorney’s Office has primary jurisdiction. But questions arise when your divorce triggers potential federal allegations, such as allegations about international assets or undisclosed income that lead to parallel federal investigations, and suddenly everything feels overwhelming because the government is pushing hard for a conviction. We see the government’s overreach all the time, so you need a lawyer who stands up and fights to protect your rights. A major federal statute, 28 U.S.C. § 515, govern the appointment of attorneys in federal matters. It grants the U.S. Attorney General power to direct federal prosecutions and overrides local district attorneys that attempt to step in. United States v. Lanza, 260 U.S. 377 (1922) clarifies that states can enforce their own criminal laws, but it does not authorize local prosecutors to commandeer federal courts. You deserve counsel who navigates these jurisdictional tangles, or else the government will exploit confusion and push you around. We often file motions under Fed. R. Crim. P. 12 to challenge the prosecution’s authority if a district attorney try to sneak a matter into federal court. We argue that the DA lacks standing under Dickerson v. United States, 530 U.S. 428 (2000), which reaffirms that federal courts can only hear cases through legitimate federal jurisdiction. A robust motion can get charges dismissed before trial, but you need a lawyer with guts who does not cave in to intimidation. I’ve watched Todd Spodek at trial, and he never flinches under government pressure because his second-generation approach means he’s seen it all from an early age. Some divorces in Queens involve substantial property dispute that cross state lines, so the government tries entangle you in federal allegations. We can demand discovery under Fed. R. Crim. P. 16 and reveal that the case belongs in state court if the alleged conduct does not meet federal thresholds. That motion also uncovers flaws in the prosecution’s chain of evidence, which can unravel the entire case. The Spodek Law Group uses a digital portal so you can upload your documents from anywhere, and that level of transparency helps us highlight every detail. A local DA might push your case toward federal court when there is a rumor of interstate wrongdoing. We often file for immediate dismissal under N.Y. Crim. Proc. Law § 210.20 if it’s not properly pled in state court, then we argue it cannot jump to federal court without a legitimate federal nexus. That strategy stops overzealous local prosecutors from conjuring fake federal issues. Our office has a nationwide presence, with resources in Los Angeles and NYC, so we coordinate on complex divorces that might sprawl across jurisdictions. We also challenge illegally obtained evidence under the Fourth Amendment by filing motions to suppress anything seized without a proper warrant. If the DA tries to pass tainted material to federal authorities, we argue that the entire chain of custody is compromised. That angle sometimes leads the judge to strike critical evidence, which cripples the prosecution’s case. Todd Spodek featured on Netflix in 2022, representing Anna Delvey, and he used his dedicated approach to exposing how the government’s narrative had holes. You might fear harsh outcome if the government lumps your divorce into a federal case. We know this fear well, so we dig into bank statements, property records, and contractual agreements to show your dispute belongs in Queens, not in some federal arena. Rule 12 of the Federal Rules of Criminal Procedure often sets deadlines for raising these jurisdictional objections, so timing is everything. We offer a “white glove” service with direct communication and selective intake, because we only partner with clients we can truly help. We urge you to consult legal counsel immediately if your high net worth divorce triggers any talk of a federal case. I consider Todd Spodek an indefatigable advocate who thrives on pulling apart the government’s story. Remember that N.Y. Crim. Proc. Law § 170.30 also lets you seek dismissal based on jurisdiction, and we coordinate every argument with the detail that comes from years of fighting overreaching prosecutors is. Contact us to schedule a free consultation, so we can defend your future. This article is general guidance. It does not create an attorney-client relationship, nor is it legal advice tailored to your situation. Always seek professional counsel before making any decisions in a legal matter. We stand ready to fight for you in Queens or anywhere else, but the ultimate outcome depend on specific facts that must be investigated completely.