What is the Petite Policy in federal criminal cases?

The Petite policy is a long-standing principle of the United States Department of Justice. It states that prosecutors should avoid bringing a case against a defendant in federal court when the same or very similar charges are already pending against the same defendant in state court. This policy was established to ensure that defendants are only tried in the court most suitable for their case. In the state of Utah, the Petite policy is applied by the United States Attorney’s Office. This office is responsible for prosecuting federal crimes and makes all decisions regarding charges for federal crimes. Before filing any federal charges, the office must consider the Petite policy and review any pending state charges against the defendant. If there are similar charges pending in state court, the United States Attorney’s Office typically will not initiate a federal prosecution against the defendant. In some cases, the Petite policy may be set aside or modified if there is a significant national interest in the federal case. For example, if a defendant is charged with crimes related to terrorism, an exception may be made to the Petite policy and a federal prosecution may be initiated, even if similar charges are pending in state court. Ultimately, the decision is at the discretion of the United States Attorney’s Office in Utah.

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What is the Petite Policy in federal criminal cases?

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