The Differences Between State and Federal Criminal Cases

The core difference between state and federal criminal cases is the law the person is charged under. State criminal cases are cases alleging that the defendant broke a state law. Federal criminal cases are based on alleged violations of federal law. So, federal cases are filed in federal court, and state cases are filed in state court. While that may sound like a small, technical distinction, it can make a significant difference.

Here are some key differences.

1. Different Procedural Rules and Discovery Requirements. Now it may make perfect sense that State and Federal courts rely on different laws and different procedural rules. However the implications of this can be vast. One of the most stark differences between Federal Rules and State Rules in Florida involves criminal discovery requirements. More specifically the prosecution in Florida State Court are required to provide substantially more discovery and evidence to a Defendant than is required in Federal Court.
2. Different law enforcement agencies handle the investigation and arrest. Violations of state law are handled by local police departments, Sheriff’s departments, or state police. Federal crimes are investigated by the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA) or another federal law enforcement agency. While some federal criminal cases are one-offs, federal agencies often engage in longer investigations and build larger cases. On the other hand, while state and local officials sometimes run shorter investigations, most state criminal investigations are in response to an event that triggered a call to law enforcement.
3. The procedural rules for criminal cases are different in state and federal courts. While the rules may sometimes be more advantageous to the defense in one court system than the other, the main issue is familiarity. Nearly all Florida criminal defense lawyers handle cases in state court. But, not all are familiar with the different rules and procedures in federal court. It’s best to work with a criminal defense attorney who has experience in the court system handling your case, whether that is state or federal.
4. Sentencing works differently in state and federal courts. The state of Florida uses a sentencing scoresheet to determine the lowest permissible sentence in a particular case in felony cases. The scoresheet takes a variety of factors into account, including the main crime charged, prior criminal history, past probation violations, and use of a firearm. The judge is only permitted to sentence a defendant to less than the minimum based on the scoresheet if specific mitigating factors apply. In federal courts, judges have to consider a more complicated federal sentencing guideline calculation.
5. Federal and state prisons are separate and different. In the state criminal justice system, someone sentenced to less than a year of imprisonment serves that time in a county jail. State prisons are reserved for those who are sentenced to a year or more. Federal prisons are located all around the country, and someone sentenced in federal court may be transferred to a prison hundreds of miles away. However, federal prisons are often safer than state prisons and may have somewhat better conditions.
6. Both Florida and the federal system have strict requirements for serving time. In some states, a prisoner can get day-for-day credit if they meet the criteria. That means a prisoner who follows the rules, pursues education, and otherwise qualifies might serve as little as half of their sentence. That’s not true in Florida or the federal system. Both require that a prisoner serve at least 85% of their sentence. In theory, Florida allows more credit for positive behaviors in prison, but credit can’t be applied if it means the prisoner serves less than 85% of their sentence.
7. Most cases end in plea agreements in both state and federal courts. The vast majority of criminal cases in both systems are resolved by a criminal defense lawyer negotiating a plea agreement for the accused. Some cases are dismissed outright. Though numbers vary somewhat from year to year and system to system, it’s estimated that about 5% of criminal cases go to trial.

What if the Same Action is Both a State Crime and a Federal Crime?

You’ve probably heard of “double jeopardy,” the short name for the Constitutional provision that says a person can’t be tried twice for the same crime. What many people don’t know is that because the federal and state systems are separate, a person can be tried in both state and federal court for the same alleged criminal conduct.

One high-profile example that may be familiar is Derek Chauvin, the Minneapolis police officer who was convicted of second-degree murder in the death of George Floyd. After his state court conviction, Chauvin pled guilty to a federal charge of violating Floyd’s civil rights through the use of unreasonable force—a charge based on the same actions. Part of Chauvin’s federal plea agreement was that he would serve his time in federal prison rather than remaining in the Minnesota prison where he was in isolation most of the time.

Charged with a Crime in Florida?

When you’re facing charges in Florida for a State offense or federal criminal charges, it’s important that you get reliable information as soon as possible. Many people make the mistake of thinking that if they are cooperative and talk to the police—or even allow them to search—it will help clear things up and they won’t be prosecuted. It rarely works that way. Understand that while members of law enforcement are not on your side like a criminal defense attorney would be.

As soon as you are arrested, charged with a crime, or even become aware that you are under investigation, you’ll want to talk to an experienced criminal attorney. Your criminal defense lawyer can do you the most good if you get advice before taking any action.

If you’ve been charged in the federal system, or if you have been charged in state court in circumstances that may lead to federal prosecution, you’ll want to make sure your lawyer has experience in federal criminal court. Attorney Matthew Lufrano has extensive experience with criminal defense at all levels, from misdemeanors to murder. His federal criminal experience includes an internship with the Federal Public Defender’s Office in Jacksonville.

To learn more about how the right criminal defense attorney can help find the best possible resolution for you, call 904-513-3905 right now, or fill out the contact form on this site. We’re dedicated to finding the right approach for you, whether that means negotiating the best possible plea agreement or fighting for you in court.