3 Ways Federal Crimes Differ from State Crimes
There are typically three ways that federal criminal cases differ from state cases; jurisdiction, investigative resources, and sentencing. Crimes committed at a federal level have broken a national law, such as white-collar crime or drug trafficking, whereas state crimes are localized and focus more on robbery, murder, or drug possession. While the latter are typically reserved for state cases, they can become federal offenses if they cross state borders, happen on federal property, or are committed against the federal government. Because of both of these charges’ severity, you will need to speak with a federal criminal defense attorney at Combs Waterkotte right away. Call us at (314) 900-HELP
or contact us online for a free, confidential consultation.
Examples of federal crimes our criminal defense attorneys have experience in include:
Jurisdiction is a Key Difference in Determining Federal vs. State Crimes
A crime becomes federal once its legislation has been enacted by both the U.S. Senate and the U.S. House of Representatives and signed into law by the president. Based on the dual sovereignty doctrine, prosecution happens at both the federal and state levels and many of the federal crimes committed in the country are prosecuted this way.
More Resources are Allotted to Federal Crimes than to State Crimes
In general, federal prosecutors have more time and resources, often utilizing grand juries, and judges face stricter, guidelines-based sentencing compared to state courts. Federal investigative agencies such as the FBI, DEA, or IRS, often perform in-depth, long-term investigations, including wiretaps and massive, complex evidence while state cases are typically handled by local police or state troopers.
Prosecution, Procedure, and Sentencing Differ from Federal to State Crimes
Federal cases are initiated by a grand jury and involve a U.S. Attorney. Federal procedural rules, including the Federal Rules of Evidence, are uniform across the country, whereas state rules vary. Federal sentencing guidelines are often mandatory and governed by strict federal guidelines based on a point system, often resulting in longer, mandatory minimum sentences without parole. Federal punishment outcomes can look very different from the state’s.
Charged with a Federal Crime? Next Steps
Stay Silent
It is best not to discuss your pending case with anyone except your attorney from Combs Waterkotte. Keep as many details to yourself as possible. You never know when what you say will be twisted and used against you, so don’t take the risk. You never have to say anything to law enforcement without a lawyer present.
Prepare for a Hearing
After being arrested, there will be a detention hearing. Here a judge will determine whether or not to release you from custody. This will be determined based on the severity of the federal crime, evidence available, and personal factors about you. To prepare for this hearing we will gather pertinent evidence and witness statements, as well as strong character witnesses amongst your friends, family, neighbors, and coworkers. We’ll leave no stone unturned in your defense.
Understand Plea Deals
It’s common for federal cases to result in plea deals, rather than going through a full jury trial. You should have a solid understanding of what accepting a plea bargain from the prosecution entails. A plea deal is when the prosecutor offers you reduced charges or a more lenient sentence in exchange for pleading guilty and waiving your right to a trial. As always, we can help you through the process and negotiate the best agreement for you, should you choose to go that route.
As previously stated, the criminal process for state and federal crimes is different. You want a lawyer in St. Louis who knows these differences and has experience handling both cases. You want Combs Waterkotte in your corner. Call us at (314) 900-HELP or contact us online. Our criminal defense team in St. Louis can help advise you of your rights, provide guidance, advocate for you, and dedicate ourselves to intense investigation on your behalf to get the best possible outcome.
Contact a Federal Criminal Defense Attorney at Combs Waterkotte
If you are facing federal charges anywhere in the United States, Combs Waterkotte has the necessary resources and experience to handle your case. Whether the evidence is stacked against you or you are innocent of the charges, our criminal defense attorneys in St. Louis will give you the attentive, dedicated, and aggressive legal representation you are entitled to. Call us at (314) 900-HELP
or contact us online to schedule a free case review to discuss the specifics of your case.
