What’s the Difference Between State and Federal Court?
Many countries only have one court system. States, provinces, prefectures, or whatever they’re called are basically administrative districts that have no autonomy. But the United States is a federal republic. This system of government combines federalism (power divided between a central authority and regional units like states) with republicanism (rule by elected representatives, not a monarch). As a result, Florida has both federal and state courts.
There’s a difference between state and federal criminal courts. There’s also a difference between state and federal criminal defense lawyers. Many state crimes have different elements than federal crimes. So, an experienced state crime lawyer could be an inexperienced federal crimes lawyer. Furthermore, most lawyers aren’t licensed to practice in federal court. So, when you choose a Tampa criminal defense lawyer to represent you in federal court, choose wisely.
Jurisdiction
The authority to prosecute may be the biggest single difference between state and federal criminal courts.
State criminal cases involve violations of state laws and are prosecuted by state or local governments. These cases typically cover the vast majority of criminal offenses, such as assault, murder, theft, burglary, robbery, drunk driving, and most drug crimes.
Laws and rules often vary in different counties. Possession of marijuana is a good example. Many local governments in the Tampa Bay area have partially decriminalized POM. Others haven’t done so and may never do so.
Federal criminal cases, by contrast, involve violations of federal law and are prosecuted by the United States government. Federal jurisdiction usually applies when:
- Criminal activity related to a single offense crosses state lines,
- A crime occurs on federal property,
- Crimes involve federal agencies, or
- Illegal activity affects national interests.
Common federal crimes include bank robbery, mail and wire fraud, tax evasion, immigration offenses, federal drug trafficking, terrorism, and crimes involving interstate commerce.
Prosecuting Authorities
District attorneys, county attorneys, or states’ attorneys, who represent the people of Florida or a Florida county, prosecute state cases. These lawyers are usually elected, at least indirectly.
Assistant United States Attorneys, who are political appointees, prosecute most federal cases. Federal prosecutors often have more resources, including investigative support from agencies such as the FBI, DEA, ATF, and IRS.
So, a Tampa criminal defense attorney must be prepared to deal with much more opposition in federal cases. Because of these vast resources, AUSAs very rarely roll over and play dead during pretrial negotiations.
Procedural Rules
These rules are similar in many respects. Constitutional protections such as the right to counsel, the right against self-incrimination, and the right to a jury trial, apply in both systems. However, federal cases follow the rigid Federal Rules of Criminal Procedure and Federal Sentencing Guidelines. Moreover, federal sentences often mean longer prison terms and fewer opportunities for parole compared to many state systems.
Penalties can differ substantially as well. State criminal penalties vary widely depending on the state and the offense, and judges often have greater discretion in sentencing. In federal cases, mandatory minimum sentences are more common, especially in drug and firearm offenses.
We mentioned constitutional protections above. One protection that doesn’t apply equally in state and federal courts is the double jeopardy rule. The separate sovereignties exception, a heavily-criticized doctrine, allows defendants to stand trial for the same crime in both state and federal court.
Work With a Compassionate Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. The sooner you reach out to us, the sooner we start working for you.
Source:
ebsco.com/research-starters/politics-and-government/federal-republic
