As a personal injury victim, you may find yourself involved in a criminal case. It's important to understand the difference between state and federal criminal cases to make informed decisions about your legal options. In this blog post, we will explain the key differences between state and federal criminal cases and how they impact your case.
What is a State Criminal Case?
State courts handle state criminal cases and involve violations of state laws. These cases include crimes such as theft, assault, and drug possession. The state prosecutor is responsible for bringing charges against the defendant, and the defendant may be sentenced to jail time, probation, or fines if convicted.
What is a Federal Criminal Case?
Federal courts handle federal criminal cases and involve violations of federal laws. These cases include crimes such as tax evasion, fraud, and drug trafficking. The U.S. Attorney's Office is responsible for bringing charges against the defendant, and the defendant may be sentenced to longer prison terms and higher fines if convicted.
Key Differences Between State and Federal Criminal Cases
Jurisdiction: State courts have jurisdiction over violations of state laws, while federal courts have jurisdiction over violations of federal laws.
Severity of Charges: Federal charges are typically more severe than state charges and carry harsher penalties.
Investigation: Federal cases often involve more extensive investigations by federal agencies such as the FBI, DEA, or IRS.
Jury: State cases are typically heard by a jury of 12 people, while a jury hears federal cases of 6-12 people.
Evidence: The rules of evidence differ between state and federal cases. For example, evidence obtained illegally may be admissible in state court but not in federal court.
Appeals: Appeals in state cases are typically heard by state appellate courts, while the U.S. Court of Appeals hears appeals in federal cases.
How Does This Impact Your Case?
If you are involved in a criminal case related to your personal injury, it's important to understand whether it is a state or federal case. This will impact the severity of the charges, the penalties you may face, and the resources available for your defense.
The Importance of Hiring an Experienced Attorney
If you are facing federal charges, it's critical to work with an attorney who has experience in federal court. Federal criminal cases are complex and require a high level of expertise to navigate successfully.
At Brewster & De Angelis, we have extensive experience in state and federal criminal cases. Our team of skilled attorneys can help you understand your legal options and develop a strategy to protect your rights and interests.
Contact Our Attorneys at Brewster & De Angelis
Understanding the difference between state and federal criminal cases is essential for anyone involved in a personal injury case. If you are facing criminal charges, it's crucial to work with an attorney who has experience in the appropriate court system. At Brewster & De Angelis, we are committed to providing our clients with the highest level of legal representation. Contact us today to schedule a consultation. (918) 265-1214