How a case ends up federal or state
Federal cases involve federal law, and they are usually investigated by federal agencies such as the FBI, DEA, HHS-OIG or IRS Criminal Investigation. State cases are usually brought by local police and the county’s state attorney.
Many cases involve both. Drug, firearm, fraud and financial cases can be investigated by joint task forces, and prosecutors decide which system will bring charges.
Key differences
| Federal court | Florida state court | |
|---|---|---|
| Prosecutor | U.S. Attorney’s Office | State attorney for the circuit |
| Felony charging | Grand jury indictment, unless the defendant waives it | Information for most felonies; indictment for capital crimes |
| Trial court | U.S. District Court | Circuit court |
| Sentencing | The judge may consider the U.S. Sentencing Commission guidelines | Florida Criminal Punishment Code, with a lowest permissible sentence |
In federal court, a probation officer usually prepares a presentence report before the judge imposes sentence in a felony case.
Can you be charged in both?
Yes, in some cases. In Gamble v. United States, the Supreme Court reaffirmed the dual-sovereignty doctrine: because a state and the federal government are separate sovereigns, prosecution by one does not bar prosecution by the other for the same conduct.
State and federal prosecutors can each bring charges for the same conduct.
Why it matters early
Decisions made in one system can affect the other. A statement to local police, a plea in state court or records turned over in one case can all become evidence in the other.
If federal agents are involved in a state investigation, or the conduct crosses state lines or involves federal programs, talk to a lawyer who handles both kinds of cases before you make those decisions.
How Kaufman Legal Group can help
The firm focuses on federal defense and also takes serious state felony cases, so it can assess a case with both systems in mind. The first consultation is free and confidential. Call (954) 648-8965.