What is the Difference Between a State and Federal Crime in Florida?
Many Americans are aware that there are two court systems in the United States: federal and state. However, very few Americans understand the difference between them – especially with regard to criminal charges. While federal crimes do not drastically differ from state crimes, there are some important distinctions. While most attorneys are familiar with state criminal law, very few are experienced with federal criminal law. If you have been charged with a federal crime, it is essential that you retain a criminal defense attorney who has experience in both court systems.
The attorneys at Herman Law, P.A. have the experience required to protect you from prosecution, whether at the state or federal level. Florida Attorney Ron D. Herman, our lead attorney, is acknowledged as one of the top criminal defense attorneys in Florida, having contributed to local news networks on high-profile crimes in Florida and receiving an AV Preeminent® rating by Martindale-Hubbell®, as well as being rated as one of Florida’s Super Lawyers®. We firmly stand by the principle that you are innocent until proven guilty, and will diligently pursue an acquittal to protect your future.
State vs Federal – Law Enforcement & Prosecutors
The first difference between state and federal criminal prosecution is the parties involved. For state crimes, state police and prosecutors will pursue the charges. The police officers are typically county officers or local police officers involved in the arrest and gathering of evidence. Similarly, prosecutors generally elected at the county level will utilize the evidence gathered by the police to pursue the charges.
Comparatively, at the federal level, the police equivalent will be a federal agency, such as the Federal Bureau of Investigations (FBI), the Drug Enforcement Agency (DEA), or the U.S. Immigration and Customs Enforcement (ICE), among other possible agencies. Similarly, the prosecution pursuing a federal criminal conviction will be U.S. Attorneys who are responsible to the U.S. Attorney General.
Generally, federal criminal charges carry a more serious undertone as the federal agencies and U.S. Attorneys have more resources available. The result is that they are more able to deploy manpower and technologies than their equivalent state bodies. Due to the additional resources at their disposal, a defendant can expect more zealous prosecution at the federal level than at the state level.
State vs Federal – Judges
Another difference between state and federal criminal charges are the judges who preside over the case. At the federal level, judges are appointed by the President and confirmed by the Senate with life-long terms. Comparatively, state judges are either appointed by the governor of that state or elected by the people within the jurisdiction. Some argue that the pressure to be re-elected as a state-level judge causes candidates to take a “tough on crime” stance and not ensure that justice is actually served.
State vs Federal – Starting a Case
Grand juries are available at the federal level and in many states. A grand jury is a larger jury than what is seen in trial, with 12 to 23 grand jurors on the grand jury. A grand jury is organized prior to trial to investigate whether there is probable cause to believe that the accused has committed the crime. In a grand jury proceeding, the accused is not allowed to defend himself or herself – only the prosecutor may present evidence to the grand jury. If the grand jury believes that there is probable cause that the accused committed the crime, then they will return a “true bill” that allows the charge to go forward through an indictment; if no probable cause is found then a “no bill” is returned and no indictment results.
However, where procedure diverges is whether grand juries are required. For federal criminal charges rising to the felony level, a grand jury is constitutionally required. At the state level, a grand jury may or may not be utilized to indict someone for a felony.
State vs Federal – Penalties
The penalties associated with similar state and federal crimes vary significantly. Generally, federal penalties for a crime are harsher than the penalties for the equivalent state crime. The most notorious are drug laws, where state law may set a maximum penalty that is less than the minimum penalty under the Federal Sentencing Guidelines, which are followed by federal judges.
Additionally, if imprisonment is a penalty, the location where the imprisonment is served differs between state and federal crimes. Those convicted of state criminal charges will serve any prison sentence in state prisons. Comparatively, those convicted of federal criminal charges will serve any prison sentence in federal prison.
Being Charged in State and Federal Court? What About Double Jeopardy?
State and federal courts may have concurrent jurisdiction over a defendant if the accused’s activity is a crime under both state and federal law. While the U.S. has a strong principle against double jeopardy, which doesn’t allow an individual to be charged twice for the same crime, there is the separate sovereign exception. This exception allows both the state and federal government to charge the same individual with the same crime without violating double jeopardy. While this is rare, it is possible.
West Palm Beach Federal Criminal Defense Attorney
At Herman Law, P.A., we understand the peculiarities of each court system and will aggressively defend you in either. If you have been criminally charged at the state or federal level, please contact our office today for a free consultation.