What Makes A Charge Federal Instead Of State?

Jan 30, 2026

What Makes A Charge Federal Instead Of State? Andrew Russek, criminal defense attorney at the leading Combs Waterkotte law firm, talks about the overlap and differences between federal and state criminal charges.

Interview Transcript

Scott Michael Dunn: Well, and that’s where it gets kind of confusing. What makes it a federal charge versus a state charge?

Andrew Russek: I mean, inherently, it’s the federal statute, United States criminal code. Again, there’s some overlap there: There’s homicides, sex crimes, and there are some things that are specific to federal code, like Medicare/Medicaid fraud. I mean, there may be an equivalent of that in state statutes, but you don’t really see it charged much.

But ultimately, it’s what agency investigated you. ATF, DEA – their cases are going to go to a United States prosecutor in some federal jurisdiction, some federal district. And then it’s that federal prosecutor running you through a federal grand jury and putting you in front of a federal magistrate.

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.

Christopher Combs
Image

Christopher Combs

Partner

Open Video
Image

Featured Results:

Client Review, DUI Case

Play video
Image

Get In Touch:

St. Louis

Main Office

(314) 900-HELP

Get Directions

Clayton

By Appointment Only

(314) 900-HELP

Get Directions

Kansas City

By Appointment Only

(913) 77-CRIME

Get Directions