People who are facing criminal charges have a lot of factors that they have to think about as they develop their defense strategy. One of these is which court their case is being heard in. There are significant differences between federal and state courts.
The biggest difference between federal and state courts is that federal courts don’t hear every type of case. They are limited to matters that are authorized by federal statutes or the United States Constitution. State courts can handle most other criminal prosecutions.
The difference in jurisdiction matters because it affects what types of charges are filed in each system. Certain crimes, such as drug trafficking, immigration crimes, wire fraud and mail fraud, can be filed in federal court, as can crimes that cross state lines. State courts will have other charges, such as drug possession, robbery, drunk driving and assault.
How are criminal procedures different
Federal and state criminal courts follow different procedures. All federal courts follow the Federal Rules of Criminal Procedure and the Federal Rules of Evidence. State courts have their own rules.
This means that everything from how motions are handled to deadlines and discovery is different. Another major differentiator is sentencing guidelines. Federal sentencing is more structured, but state sentencing guidelines usually allow for more leeway for judges.
For defendants, understanding these differences is more than just a technicality. It can affect every aspect of their defense strategy, so they must ensure that they’re carefully considering every detail. Working with someone who’s familiar with the specific court and can assist with developing the strategy.