Many behaviors that are against state law are also against federal law. Both state and federal statutes prohibit the possession of various drugs and acts of interpersonal violence. Depending on a variety of factors, people accused of breaking the law might face charges at either the state or federal level. While the laws themselves may be similar, what happens in federal criminal cases versus state cases can be drastically different.
What are the main differences people need to understand between federal and state criminal cases?
The investigation process
People may end up facing federal charges when the authority investigating them is a federal agency. The best response to a pending investigation can also be drastically different depending on whether someone faces accusations brought by state agencies or federal authorities. For example, federal investigators frequently try to trap people into contradicting themselves or providing inaccurate information. Secondary criminal charges can be a concern in scenarios where people provide inaccurate information to federal investigators. The degree of cooperation required and the type of support needed are different when facing the state investigation versus a federal one.
Procedure and precedent
For the most part, the basics of court proceedings remain the same regardless of jurisdiction. However, there are nuances that separate federal court proceedings from state cases. Additionally, different rules and prior judicial precedents apply in federal cases when compared with state cases. Those familiar with state statutes and precedents may not be able to confidently mount a defense against a similar case in federal court because of the different judicial precedents and statutes that apply.
The punishments possible
The federal government is notorious for implementing mandatory minimum sentences. Those accused of certain types of crimes may face harsh baseline penalties. State sentencing guidelines may be somewhat more lenient. Additionally, where an individual serves their sentence is different in federal cases. Depending on the sentence imposed, they may end up serving time in a federal facility far from home. That might make visits from loved ones more difficult while serving a federal sentence.
Individuals facing state or federal criminal charges generally need help from someone familiar with such cases. Having help when developing a criminal defense strategy can make all the difference for those accused of violating either state or federal statutes.