The difference between state and federal courts can be confusing and overwhelming for many people. However, the decision whether to hire a state or federal criminal defense attorney is crucial and can be the difference between winning and losing your case. In order to protect your rights and interests, it is essential that you understand the difference between state and federal cases.
The first major difference between state and federal court is jurisdiction. The Constitution allows federal courts to hear certain types of cases that are deemed by the framers of the Constitution to be of “federal concern,” which means they involve issues that have national significance. Examples of these cases are disputes over patents, international treaties, and a variety of other matters.
Federal courts also hear a variety of civil cases that are governed by federal law, including commercial fraud, homicide, domestic violence, crimes against children, crimes committed on federal property, and other white collar crimes. These types of cases are usually heard in federal district court.
Unlike state judges, who are typically elected or appointed for a limited number of years, U.S. district judges are appointed for life by the President and confirmed by the Senate.
There are also a variety of special-interest federal judges who hear certain types of cases, such as environmental lawsuits and immigration cases. These judges are appointed by the Justice Department, and often have experience in their area of expertise.
One of the most significant differences between state and federal courts is the penalties that are imposed on those who are convicted of crimes. In the state system, a defendant may face prison time or a wide range of other punishments. In the federal system, a defendant may be subject to probation or other monetary sanctions.
The procedures and rules of both state and federal courts vary significantly, as do the types of cases that are heard in each. For this reason, it is important to hire an experienced attorney who has a thorough understanding of both systems.
Once a case is decided by the circuit court, parties can appeal the decision to a United States Supreme Court. In some situations, this is the only way to review a decision.
In other situations, cases are appealed to the intermediate appellate courts, such as the Court of Appeals for the District of Columbia or the Fifth Circuit. These courts have different jurisdictions and are based in different states, so they have different courtrooms. Appeals to the Supreme Court are less common.
Federal criminal offenses differ from state crimes in that they are investigated and prosecuted by federal law enforcement agencies and United States attorneys in federal courts with federal judges. Typically, these types of offenses involve conduct that violates federal laws or involves illegal acts that cross state lines.
There are several different categories of crimes that fall under the category of “federal crimes.” Some of these include drug crimes, violent crimes and white collar offenses. Each of these categories has its own unique set of penalties and sentencing guidelines. If you have been charged with a federal offense, you need to hire an attorney who understands how these rules affect your case.
Drug crimes: This federal category includes drug trafficking or distribution, particularly across state lines; drug manufacture; drug import-export; drug distribution near a school and drug distribution to a person under 21 years old.
Property crimes: This federal category includes arson, auto theft, burglary and larceny, among other property crimes. It also covers hate crimes, which include offenses committed against individuals based on their race, religion, nationality, sexual orientation or disability.
White collar crimes: This federal category encompasses insider trading, fraud, deceit, violations of odometer laws, embezzlement, forgery and money laundering. It also encompasses tax crimes and bribery.
Internet crimes: This federal category includes a variety of internet-based offenses, such as child pornography, identity theft and fraud. It also encompasses espionage and kidnapping.
Hate crimes: This federal category includes crimes committed against people based on their religion, ethnicity, race, political beliefs or disabilities. It also encompasses crimes committed against people who are in the military, as well as crimes against federal employees and agents.
Firearms and weapons charges: This federal category includes illegal possession of firearms or ammunition, carrying a gun while intoxicated, using a weapon during a crime and smuggling firearms or ammunition across state lines. It also includes armed robbery, which involves using a firearm during the commission of a crime.
Armed robbery is an especially serious federal crime that can result in a sentence of life imprisonment or death. It can be especially serious if the victim is not the attacker and if the perpetrator has prior felony convictions.
Federal offenses are primarily investigated and prosecuted by the FBI and other law enforcement agencies of the U.S. government, and they are often heard in federal court.
Penalties and sentences for federal crimes are significantly higher than those for state crimes. This is because the United States government takes federal offenses very seriously and will use all of its resources to bring the guilty party to justice.
Because the legal system is so different for state and federal offenses, it is important to have a lawyer who understands the differences between these two types of cases. A skilled federal crimes attorney can help you defend against charges that could have devastating consequences for your future.
If you are facing charges for a federal crime, it is imperative that you have the best possible criminal defense lawyer. Not only will he or she be able to help you avoid a harsh sentence, but they may also be able to get your case dismissed before it even starts.
The first step in determining the right amount of prison sentencing is to determine your offense level and Criminal History Category. Your offense level is determined by the severity of the crime, as well as other factors such as whether you committed the crime in a large group and how many people were involved.
For example, if you robbed a bank and used a cellular phone during the crime, your offense level would be much higher than if you robbed a cash machine. You will be given an official level by the judge based on the severity of your offense, the number of people you used, and your criminal history.
You will then be placed in a table that lists the appropriate prison sentencing for your offense. The higher your offense level, the more severe your sentence will be. The table typically has your sentencing listed by months.
When you go to court for a federal crime, the government will have the burden of proof that you are guilty of the charge. The prosecutor will have to show beyond a reasonable doubt that you did the crime.
If you are convicted of a federal crime, your sentence will be determined by the judge. You can expect to spend a significant portion of your time in prison, as well as have to pay fines and restitution to the government and to victims.
Some of the most common federal crimes include:
Class A felonies: These are the worst federal offenses, and can result in life imprisonment. These offenses include murder, treason and other capital crimes.
Other federal crimes include:
Misdemeanors: These are less serious crimes, and usually result in a fine or probation. If you are convicted of these crimes, the judge will decide how much time you will spend in prison and what kind of probation you will receive.
A fine can range from a few hundred dollars to several thousand, depending on the crime and the circumstances of your conviction. A prison term can be from a few years to life, and in some cases you could have to pay restitution to the victims.
White collar crimes: These are crimes that involve a company or organization and can be very complex. They can involve fraud, embezzlement or money laundering.
These types of cases require an attorney who is knowledgeable about all aspects of federal law and the specific rules surrounding white collar crime. This attorney may be able to get the charges dropped before they start or have evidence that was obtained illegally suppressed during the trial.
You can also request a federal sentence reduction to lower your overall sentence. This is a great option if you can demonstrate that your actions were based on good faith and you are willing to cooperate with the government in exchange for reduced penalties.
Lebedin Kofman LLP | Criminal Attorney and DWI Lawyer
26 Broadway 3rd floor, New York, NY 10004, United States
(646) 663-4430