The main difference between state and federal criminal cases lies in jurisdiction and the source of the law. State cases involve violations of state laws, while federal cases involve violations of federal laws or crimes that cross state lines. The majority of criminal cases are brought in state court. Generally speaking, federal courts address more complex or serious offenses that affect the federal government or multiple states.  Federal cases are usually more expansive and complex than state cases, and the United States DOJ is the most powerful, and well funded adversary in the world.  As such, federal investigations are often larger in scale and the stakes can be considerably higher in federal court.

 

Federal cases can take many forms and procedural turns, but almost every federal case begins with a complaint and an investigation.  Federal cases are investigated by a federal law enforcement branch like the FBI, DEA, ATF, HHS OIG, IRS CID, and others.  During the investigative stage, the investigative agency may subpoena records, like bank statements or billing records, and interview witnesses.  Occasionally, the government will approach the target of the investigation and attempt to interview them.  If you believe you may be the subject of an investigation, it is imperative that you hire an experienced, seasoned attorney to represent you and ensure your rights are protected as soon as possible.

 

Following an investigation, the Assistant United States Attorney (AUSA) assigned to the case will sometimes send a "target letter" to the subject of the investigation.  Target letters usually extend an invitation to speak with the AUSA and agents regarding the investigation.  Under no circumstances should a target of an investigation speak with federal agents or AUSAs without first consulting an attorney.

 

The case is usually then presented to a federal grand jury who decides whether there is probable cause to bring formal charges.  If the grand jury decides to charge an individual with a federal crime, the grand jury returns an indictment.  An indictment is a formal charging document that sets out the specific charges against the defendant.  

 

If an indictment is returned, the defendant is taken into custody and brought before a magistrate judge for arraignment and a detention hearing.  If the judge decides the defendant should be free on bond while the case is pending, the judge will set conditions of release and the defendant is released from custody.  The government then produces discovery to the defense and the defendant and defense attorney review the discovery material and continue to craft a defense.

​

If you are a target of an investigation, or you have been indicted for a federal offense, contact The Knox Firm for a consultation.

​