How Does Federal Court Differ From State Court? Andrew Russek and Chris Combs, attorneys from Combs Waterkotte, talk about the similarities and differences between federal and state court procedures.
Interview Transcript
Scott Michael Dunn: Now, Andrew, you were talking about the process, right? So, the federal court process: What is the difference between the federal court process and the state process?
Andrew Russek: So it’s, it’s inherently the same in that you’re charged via complaint or a direct indictment. You go in front of a magistrate. You can have a bond hearing. You can have arguments for pretrial release.
Eventually, either directly or later, there’s an indictment to make sure there’s probable cause. And then you have your plea negotiations, your discovery review. You have your similar rights to a trial, to challenge unconstitutional police work through motions.
So it’s similar in that broad sense. But it’s the federal government – again, because of their resources, both pre-indictment and post-indictment, because their attorneys have more resources, just like their law enforcement does.
It’s much more serious, if that’s a way to say it. Its court is more formal, court is more, well, I don’t know. It’s more formal.
There’s more legal arguments on the side of the federal government, and their attorneys, again, are inherently more experienced. They have more knowledge, they have more assistance in their office to help them.
So, you have to go through things with a much finer-tooth comb than you may in state court.
Chris Combs: And I would just say that you cannot compare the two. You know, state court – you can drag out a case for a considerable amount of time. Federal court, you really only get a couple of court dates.
I mean, you get arrested, you get your detainment pretrial release hearing to decide if they’re going to allow you to be out in the community while the case is pending. And then you really just get one court date, and that court date is to file pretrial motions, whether or not you’re gonna go to trial against the United States government.
Now, that can get continued a number of times, but you don’t see federal cases drag out like you do state cases. They move much quicker.
If you’re facing federal charges and need an expert criminal defense lawyer, contact Combs Waterkotte today at (314) 900-HELP or reach out online for a free, confidential case review. We will fight for your rights and freedom.
