How a federal criminal case differs from a state one: the grand jury indictment, pretrial release, advisory sentencing guidelines, and the possibility of being charged by both.
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Most crimes are prosecuted by the states. A case becomes federal when the conduct violates a federal statute, for example drug trafficking across state lines, fraud using the mail or wires, federal firearms offenses, or crimes on federal property, and a United States Attorney's office decides to charge it. Federal and state governments are separate sovereigns, so the same conduct can be prosecuted by both without violating the protection against double jeopardy (Gamble v. United States, 587 U.S. 678 (2019)).
A federal felony must be charged by a grand jury indictment unless the defendant waives it (U.S. Const. amend. V; Fed. R. Crim. P. 7(a)). Federal investigations often run for a long time before any charge, and a person may first learn of one through a subpoena, a search warrant or a target letter telling them they are a putative defendant (Justice Manual § 9-11.151). Lying to a federal agent during an investigation is a separate crime in itself (18 U.S.C. § 1001), even when the underlying conduct is never charged. After arrest, release or detention pending trial is decided under the Bail Reform Act (18 U.S.C. § 3142).
Sentencing is where federal cases differ most. The judge must consider the factors listed in 18 U.S.C. § 3553(a) and calculate the range under the Federal Sentencing Guidelines. The Guidelines are advisory rather than mandatory (United States v. Booker, 543 U.S. 220 (2005)), but many offenses carry statutory mandatory minimum sentences that a judge cannot go below. There is no parole in the federal system for offenses committed after the Sentencing Reform Act took effect, so the sentence imposed is close to the time served, reduced only by limited credit for good conduct and certain programs.
Get a lawyer who practices in federal court at the first sign of an investigation: a visit or call from a federal agent, a grand jury subpoena, a search, or a target letter. Do not talk to agents without counsel, because a statement can become evidence or a separate false-statement charge. Early representation matters more federally than in most state cases, since charging decisions, cooperation and plea terms are often settled before an indictment is ever filed.
Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.
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