Individuals accused of violating federal criminal offenses may face charges filed by the U.S. Attorney’s Office and a prosecution in federal court. However, federal criminal prosecution can vary significantly from a state criminal case. The scope of a federal criminal investigation and the resources that federal prosecutors can bring to bear on a case can cause significant anxiety for defendants and their families. As a result, when you have a loved one facing federal charges, understanding the differences between federal and state criminal cases can prove essential to helping your family member navigate prosecution in federal court.
How Federal Criminal Cases Begin
Federal criminal cases typically begin with investigations started or taken over by federal law enforcement or regulatory agencies, such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the DEA, the Department of Homeland Security, the IRS, or the FBI. Due to the complexities of many federal criminal cases, federal investigations can last for an extended period before prosecutors choose to file charges. When prosecutors decide to bring a case, they will present charges to a grand jury to determine whether probable cause exists to prosecute a suspect.
The Differences in the Federal Court System
Federal criminal prosecutions occur in federal district court, unlike state charges, which result in prosecutions in state trial courts. Unlike Texas state judges, many of whom are elected, federal district judges receive lifetime appointments to the bench from the President, with confirmation by the U.S. Senate. In the federal criminal justice system, Assistant U.S. Attorneys, under the supervision of the U.S. Attorney, handle prosecutions.
The High Stakes of Federal Charges
Although the federal criminal justice system handles fewer cases than state systems due to the narrower scope of federal criminal law, federal charges typically carry higher stakes. First, the greater resources available to federal law enforcement agencies and prosecutors mean that U.S. Attorney’s Offices usually have much more robust cases against defendants, which often lead to higher conviction rates than in state courts. Federal criminal law also frequently imposes harsher penalties upon convicted defendants than state criminal law for similar conduct. In addition, federal law has mandatory minimum sentences for various offenses or aggravating circumstances.
Pretrial Detention
Given the seriousness of many federal criminal offenses, federal judges may favor pretrial detention to protect the public from suspected dangerous individuals or to ensure the appearance of defendants who pose a risk of flight from the district or the country. As a result, many families who have loved ones facing federal prosecution must deal with the prospect of their loved one awaiting trial in detention, which might lead to the loss of a loved one’s financial or household support.
The Federal Sentencing Guidelines
Federal courts use the U.S. Sentencing Guidelines when sentencing a defendant after conviction. The Guidelines provide advisory sentencing ranges based on a defendant’s crime level and criminal history. The Guidelines and federal law also provide factors that federal judges may consider when determining whether to increase or decrease a defendant’s offense level or criminal history score, or to vary upwards or downward from the Guidelines range. However, mandatory minimum sentences can also constrain a federal judge’s sentencing discretion by requiring a defendant to serve a minimum sentence.
Contact a Federal Criminal Defense Lawyer Today
After federal law enforcement officials arrest a family member for criminal offenses, you can help protect their rights and interests by securing experienced legal counsel. Contact Guest & Gray today for a free, confidential consultation with a federal criminal defense attorney to learn more about what makes federal prosecutions different from state criminal cases and what those differences can mean for your loved one who faces charges under federal law.
