So what are the differences between state cases and federal cases?
There are specific rules governing federal criminal procedure and how a criminal case is conducted that differs from state or local jurisdiction.
The federal government has jurisdiction over certain types of crimes and law enforcement agencies handling federal criminal cases are the Secret Service, FBI or other federal law enforcement agency. On the other hand, state crimes are handled by local police and law enforcement.
Federal crimes and criminal cases are prosecuted by a U.S. government attorney. Criminal cases that go to trial will be handled by the the U.S. District Court that has jurisdiction for that federal court. When bail is an option for a defendant, a federal magistrate will set bail (as opposed to a judge). If after trial the defendant wants to appeal, the appeal will go to the Circuit Court of Appeals in that federal district.
In federal cases, it is not uncommon for the judge to comment to the jury about evidence. Your criminal lawyer will inform the clients about these procedures and explain that when it is time for sentencing, a federal judge must adhere to strict guidelines (which differ from state courts).
Sometimes state and federal prosecutors will have to decide the jurisdiction of a case, although this does not often happen.
Federal Crimes and Sentencing
In federal criminal cases, most are resolved through plea bargain and sentencing. Understanding plea bargains and the sentencing phase can be very daunting to most people dealing with criminal charges. A skilled and experienced federal lawyer will take the time to explain the process and help you decide if a plea bargain is your best option based on your specific case. Pleading guilty is a difficult decision and takes a skilled and experienced federal lawyer to guide you and point out all that must be considered in this very important decision.
The best federal law firms will have excellent skills negotiating with prosecutors to get you the best possible outcome. The best and top criminal law firms will also be well versed in federal sentencing guidelines, departures and mitigation, and be able to use that information to your advantage.
Our skilled and experienced lawyer will take the time to help you understand federal law and how you may be affected by it.
What are some federal crimes?
White Collar Crimes include:bankruptcy fraud, theft, credit card fraud, fraud, theft, internet fraud, ecommerce fraud, criminal enterprises, drug trafficking, perjury, money laundering, alien smuggling, bad checks, schemes to defraud and google fraud.
Sex Offenses and Sex Crimes include: child molestation, sexual battery, rape, lewd conduct and child pornography.
Drug Crimes and drug offenses include: possession for sale cocaine possession, pot, weed, cannabis or marijuana possession, etc…, drug manufacture, drug importation, attempts to sell narcotics, (cocaine, marijuana, crack, other controlled substances and illegal drugs), cultivation and sales, transportation and distribution.
Violent Crimes include: murder and homicide, rape and sex assault, domestic violence, child abuse and spouse abuse, solicitation to murder, abuse of the elderly (elder abuse), kidnapping and manslaughter.
Need help with criminal defense in New York on a federal or state case? Contact us now for a free consult.
