Q: Does the federal government, or any agent fro the federal government, have the power to enforce state law?

A: Ordinarily, when a person is on probation, one of the terms of probation is not to commit another crime. For purposes of revoking probation, a probation officer can investigate to determine whether there is probable cause to believe the individual has committed another crime, whether it be a violation of a federal or a state criminal statute.

Ultimately, the US attorney can bring a probation revocation proceeding based on the individual violating the terms of probation, but cannot bring a criminal case to directly enforce the state criminal statute. The State of Missouri may bring such an action, but it is not required to do so. It may just let the feds revoke probation, particularly if the crime the individual is on probation for in federal court Carrie’s a stiffer sentence than the state crime.

Typically, the burden of proof required to revoke a person’s probation is lower than the “beyond a reasonable doubt” burden of proof required for a direct conviction of a crime.

A: As a general rule, federal agents are charged with enforcing federal law, while state law is primarily enforced by state and local authorities.

However, there are situations where federal and state law enforcement may cooperate, or where federal agencies may enforce certain state laws under specific federal programs or through joint task forces. In the context of unauthorized practice of law, typically this would fall within the state's jurisdiction. A U.S. Probation Officer's inquiry into whether a supervisee is engaged in the unauthorized practice of law would likely be part of their duty to monitor the individual's compliance with the terms of probation, which could include adherence to state law.

If there's a belief that federal authority is overreaching, this issue should be brought to the attention of the court that oversees the probationary terms.