Learning about pending criminal charges or an investigation can make people very anxious. They worry about the notoriety that could accompany a criminal trial, as well as the penalties that could follow a conviction or guilty plea.
In scenarios where people face federal charges, the situation can seem much more serious than those involving state-level charges. Federal prosecution comes with unique concerns and risks. Those responding to pending federal criminal charges may need help understanding their circumstances and developing a defense strategy.
Learning more about what differentiates state charges from federal charges can help people understand what to expect as they respond to the allegations against them. The three differences below are among the most significant for people facing federal prosecution.
1. A different investigation process
Many state-level charges are the results of police officers responding to calls or witnessing criminal activity. Federal charges are often the result of an intensive investigation. Agencies, including the Federal Bureau of Investigations (FBI) and The Drug Enforcement Administration (DEA), often commit months of work to building a case against an individual before ever contacting that person.
During communication with federal investigators, people are subject to surprisingly strict rules. Any misrepresentation made to investigators could theoretically lead to criminal charges separate from the underlying cause of the investigation.
2. Harsh mandatory minimum sentences
The federal government is notorious for having relatively strict sentencing standards. Those accused of federal charges are subject to minimum sentencing requirements that may include incarceration and financial penalties. In cases involving white-collar crimes, there is also a possibility of an order of restitution to consider.
3. A variety of different penitentiaries
State prisons typically keep people close to the communities where they live. The federal prison system prioritizes placement based on security risk and similar concerns. There are multiple different types of federal penitentiaries. People may serve their sentences far from where their families live, depending on the appropriate type of facility for their sentence.
While certain basics are the same regardless of what authorities bring criminal charges, federal criminal trials are different than state trials. Reviewing the details of an ongoing investigation or pending criminal charges with a skilled legal team can help those accused of federal crimes plan responses that minimize their long-term risks.
