Criminal Defense Lawyers

What is the Difference Between State and Federal Criminal Cases?

What is the Difference Between State and Federal Criminal Cases?

When a crime is committed, the case can potentially be tried in either state or federal court, depending on the circumstances. While most criminal cases are tried in state courts, federal courts handle crimes that involve federal laws, interstate commerce, crimes committed on federal land, or crimes that cross state borders. Understanding the key differences between the state and federal court systems is important for anyone facing criminal charges.

How State vs. Federal Courts are Established

State courts are established by each state’s constitution and laws. They include trial courts, appellate courts, and state supreme courts. Federal courts were established under Article III of the U.S. Constitution, which gave Congress the authority to create the U.S. Supreme Court and lower federal courts. There are 94 federal judicial districts organized into 12 regional circuits, as well as the U.S. Supreme Court.

Jurisdiction: What Types of Cases are Heard

State courts have broad jurisdiction over most criminal cases, including violent crimes like murder, assault, and rape, as well as property crimes like theft and arson. Federal courts have limited jurisdiction, mainly over cases involving federal laws, interstate commerce, federal property, or diversity jurisdiction.Some examples of federal crimes include 1:

• Federal drug crimes
• Crimes on federal lands, like national parks
• Crimes involving interstate commerce
• Crimes involving federal officials
• Immigration violations
• Federal firearms charges
• Federal fraud crimes

Many crimes can potentially be charged at both the state and federal level. For example, bank robbery can be prosecuted under state robbery laws or federal bank robbery laws 2. 

Federal charges are more likely if the bank was federally insured or the robbery involved transporting stolen money across state lines 3.

Selection of Judges

State court judges are appointed, elected, or nominated through a variety of methods, depending on the state. Federal judges are nominated by the President and confirmed by the Senate. They serve lifetime appointments under Article III of the Constitution. Federal magistrate judges serve fixed terms if confirmed by a majority of federal district court judges.

Typical Court Structure and Staff

Both the federal and state court systems have trial courts, appellate courts, and courts of last resort (the U.S. Supreme Court and state supreme courts). However, staffing is handled differently. State trial courts may use elected or appointed clerks, prosecutors, and sheriffs. Federal district courts use appointed U.S. Marshals, federal prosecutors, and probation officers. State appellate courts commonly use staff attorneys, while federal appeals courts rely more on law clerks.

Criminal Procedure and Rules of Evidence

Federal courts follow the Federal Rules of Criminal Procedure and Federal Rules of Evidence. States have their own rules of criminal procedure and evidence, which can vary widely. For example, some states allow criminal juries with less than 12 people but federal juries must have 12 jurors.

Penalties and Sentencing

Federal crimes often carry stiffer penalties compared to similar state crimes. Under federal sentencing guidelines, federal judges have less discretion compared to state judges. Mandatory minimums are more common in the federal system. However, federal sentences are generally served concurrently with any state sentence for the same criminal conduct 4.

Pros and Cons of State vs. Federal Court

There are pros and cons to being tried in state or federal court. Some key differences include 5 :

State Court Advantages:

• More flexibility in sentencing
• Judges are elected and may be more understanding of community values
• Less rigid procedural rules compared to federal court

Federal Court Advantages

• Judges are appointed for life and may be less influenced by public opinion
• More uniformity in processes due to single set of procedural rules
• Additional legal resources available compared to state courts

State Court Disadvantages

• Funding shortages may lead to case backlogs and rushed proceedings
• Elected judges may make decisions based on political pressures
• Procedural rules vary widely by state

Federal Court Disadvantages

• Harsher sentencing guidelines and mandatory minimums
• Complex procedural rules leave less flexibility
• Geographically large districts mean significant travel may be required

Double Jeopardy Implications

The Double Jeopardy clause prohibits being tried twice for the same criminal offense. However, the “separate sovereigns doctrine” allows state and federal governments to prosecute someone for the same crime 6. 

For example, if a defendant is acquitted of murder in state court, federal prosecutors could still charge them with federal civil rights violations for the same homicide.Some states have their own laws prohibiting dual prosecutions for the same offense in state and federal court. For example, Pennsylvania law bars state prosecution after a federal prosecution for the same conduct and harm 4. 

However, federal law allows federal prosecution after a state prosecution.

When Can a Case Move Between State and Federal Court?

There are times when a criminal case may be transferred between the state and federal court systems:

• The federal government can choose to adopt a state prosecution, taking over a case from state prosecutors. For example, this may occur if the federal penalty is more appropriate.
• A case can be removed from state to federal court if it involves a federal question or diversity jurisdiction. Defendants or prosecutors may request removal.
• Through habeas corpus, a prisoner can petition for federal review of their state conviction and sentence. Federal courts can reverse a state court decision if constitutional issues are found.
• The federal government may defer a prosecution and allow a state prosecution instead. For example, federal prosecutors declined to charge George Zimmerman for civil rights violations after his state murder acquittal.

How to Choose the Right Criminal Defense Attorney

Facing criminal prosecution can be intimidating and confusing. Having an experienced defense attorney by your side is critical. Be sure to choose a lawyer who is knowledgeable about both the state and federal court systems. Understand the key differences between the two so you can make informed decisions about your case. With an effective defense strategy and skilled legal advocacy, you can achieve the best possible outcome whether you end up in state or federal court.

References

 https://www.justice.gov/usao/justice-101/federal-crimes

 https://www.kohlerandhart.com/blog/2022/02/01/what-is-the-difference-between-a-federal-and-a-state-charge/

 https://www.attorneymichaelmanley.com/criminal-defense/state-federal-charges/

 https://www.dicindiolaw.com/blog/what-is-the-difference-between-state-charges-and-federal-charges/

 https://www.nolo.com/legal-encyclopedia/the-difference-between-state-federal-crimes.html

 https://www.law.cornell.edu/wex/double_jeopardyhttps://www.justice.gov/jm/criminal-resource-manual-645-double-jeopardy-implications-dual-sovereign-prosecutionshttps://www.justice.gov/jm/criminal-resource-manual-680-adoption-state-prosecution