FEDERAL CRIMINAL CASES vs. STATE CRIMINAL CASES
The differences between State and Federal criminal cases are not obvious. For example, bank robbery is Federal and drunk driving is State. However, if you get pulled over for drunk driving while on Federal property, it would be a Federal case as opposed to a State case. Many narcotics cases can also be charged either by State or Federal authorities. For example, if the narcotics are bought and sold in the same state, the case is typically charged by the State. However, if narcotics are bought in one state and sold in another
state, this is considered a conspiracy to transport and thus is usually charged as a Federal case.
In most cases, the individual who is arrested will know where their case will be
prosecuted. If they are arrested by federal authorities and taken to a federal detention center, the likelihood is that the case will be in federal court. If they are arrested by a local police department and taken to a city or county jail, they will most likely be prosecuted by the state, although this is not always the case.
CASES USUALLY PROSECUTED IN THE STATE COURTS:
- Murder
- Rape / Child molestation
- Possession of controlled substances / Under the Influence
- Domestic violence / Assault & battery
- Robbery / Grand Theft / Shoplifting
- Most misdemeanors
CASES USUALLY PROSECUTED IN THE FEDERAL COURTS:
- Smuggling controlled substances
- Large quantity narcotic conspiracy cases
- Bank robbery and bank fraud
- Mail fraud / Theft from the mail
- Bribery of public officials
- Crimes committed on federal land
- Crimes committed in one state with flight to another state
STATE vs. FEDERAL - Key Differences in the Early Stages of the Case:
PROCEDURE AFTER BEING ARRESTED:
- Arrestee taken to jail
- Arrestee photographed and fingerprinted
- Arrestee allowed to make a telephone call SETTING OF BAIL IN A
SETTING OF BAIL IN A STATE CASE
- Bail is determined by a Bail Schedule.
- Factors that cause the bail amount from the schedule to increase:
- Prior record
- History of appearances on other matters
- Citizenship status
- On parole or probation
- Once bail has been set, the arrestee can either post
the bail or remain in custody. - In court, the arrestee can ask the court for a bail
reduction, which may or may not be granted.
SETTING OF BAIL IN A FEDERAL CASE
- In a federal case, there is no Bail Schedule.
- If arrested on a federal charge, the arrestee must be taken before
a United States Magistrate for bail to be set. This appearance must
be no later than the very next court day from the arrest, but is
often the same day of the arrest. - At the courthouse, the arrestee is interviewed by a
Pretrial Services Officer who will conduct an investigation into the arrestee's background, including employment, financial, family and community ties, and will make a recommendation to the Magistrate on the matter of bail. Facts about the case will not be discussed in the investigation. - Under the Federal Bail Reform Act, a person considered to be
either a flight risk or a danger to the community can be detained with no bail. - Flight risk is commonly found in cases involving non-citizens,
especially in large-scale narcotics cases. - Danger to the community is commonly found in cases involving
weapons, organized crime, gang-related activity, persons with
an extensive criminal record, or large quantities of control substances. - If the Magistrate orders detention (no bail), the arrestee can
appeal to a District Court Judge.
STATE vs. FEDERAL - PRETRIAL STAGES
Although there are a number of significant procedural differences between state and federal cases, in the areas of trial preparation and plea negotiations, these differences are mostly procedural and not substantive.
STATE
In most states, after the arrest and before the trial, the accused has a right to a preliminary or probable cause hearing. At this hearing, the prosecution must produce sufficient evidence to create probable cause that a felony was committed and that the accused committed it. If they do, the accused is "held to answer" for trial. Cases where the prosecution does not present sufficient evidence are dismissed, but may be re-filed by the district attorney.
FEDERAL
- At the initial appearance before the Magistrate in federal court, a date will be set for a preliminary hearing, but, in practice, they are rarely held.
- Between the time of the initial appearance and the preliminary hearing, the United States Attorney will present the case to the Grand Jury and will receive an indictment. Once the accused is indicted, the right to a preliminary hearing is negated and the case proceeds directly to the District Court for trial. DISCOVERY.
DISCOVERY
The biggest difference between the pretrial proceedings in state and federal cases is "Pretrial Discovery." Discovery is the term used to describe the prosecution's obligation to provide all of its evidence to the defense, including police reports, witness statements, expert witness statements, investigation reports, evidence logs, laboratory test results, photographs and documents describing the charges.
STATE DISCOVERY
- In state court, discovery is required, by statute, at an early stage in the proceedings, usually long before the trial.
FEDERAL DISCOVERY
- In federal court, discovery is not required until much later in the case. Under the Federal Rules of Criminal Procedure, the prosecutor is not required to provide witness statements until after the witness has testified in the trial, a rule that seems quite unfair and is frowned on by many judges. Due to the attitude of many judges, there is a policy that the United States Attorney should provide "discovery" at an earlier time than required by the statute. A problem arises when a United States
Attorney chooses to "play by the rules" and withhold discovery until the last minute. In such cases, a defense attorney will make motions to compel discovery at an early stage of the proceedings "to avoid delays once the trial has begun." This approach is rarely successful in getting early discovery.
SENTENCING IN STATE AND FEDERAL COURT
The biggest difference between state and federal cases is how sentencing occurs after a conviction, either by plea or trial.
STATE SENTENCING
- Even though there are a number of state crimes that carry mandatory/minimum sentences, such as murder, rape, kidnapping and large quantity narcotics cases, state law allows a judge the right to exercise discretion and sentence under the mandatory/minimum where "unusual circumstances" exist. This means that, either by way of a plea bargain or, even without the concurrence of the District Attorney, a
state judge can impose a lenient sentence if they are persuaded that it is
appropriate. It is the defense attorney who should bring mitigating circumstances to the attention of the sentencing judge.
FEDERAL SENTENCING
- In federal court, both the United States Code and the Federal Sentencing Guidelines control sentencing until recently. Under the Guidelines, a federal judge was required to sentence according to a formula, which is a combination of the offense of conviction and the defendant's criminal history. Once the offense of conviction and the prior record was determined, the judge used a chart to determine
the sentence that must be imposed. While the guidelines are no longer mandatory, most judges rely upon them to determine a "reasonable" sentence. Since other factors now apply, it is important to be represented by an attorney who is thoroughly familiar with federal court procedures.
