What is the Difference Between State and Federal Crimes?

Important procedural matters distinguish state from federal crimes.

In many ways, state and federal crimes are identical. All criminal cases, state or federal, have the same burden of proof (beyond a reasonable doubt). The direct and collateral consequences of a conviction are similar as well. One big difference between state and federal crimes lies in their procedural differences. These differences should not be overlooked and are outlined below.

Another big difference between state and federal crimes is the Ft. Worth criminal defense lawyer who advocates for the defendant. Only a few Tarrant County criminal defense lawyers have the proper credentials to appear in federal criminal court. Even fewer have the experience, dedication, and other qualities that are necessary to mount a successful defense.

Pre-Sentence

By their very nature, most federal crimes are much more complex than most state crimes. Drug trafficking, one of the most common offenses in state and federal court, is a good example.

Many state court drug trafficking defendants are single-incident defendants. Furthermore, many of these individuals are not “criminals” in the ordinary sense of the word.

Assume Lucy pulls a muscle at the gym. She tells her friend Ethyl about the intense pain. Lucy has two Vicodin left over from a previous prescription, and she gives them to Ethyl. Lucy could be guilty of drug trafficking, even though she had no malicious intent and no money changed hands.

Such a case is relatively straightforward for a Ft. Worth criminal defense lawyer. Legally, Lucy is probably guilty, but morally, she is probably innocent. So, her sentence, if any, will most likely be minimal.

In contrast, federal drug trafficking cases usually involve large operations that cross state lines. Usually, federal courts only have jurisdiction over offenses that occur on federal property, like a DUI at a national park, or offenses that involve interstate commerce.

Such large investigations usually present a myriad of procedural issues. Search warrant validity is a good example.

Usually, federal investigators heavily rely on confidential informants during drug and other criminal investigations. These informants usually receive leniency in another matter or a cash payment in exchange for the information they provide. Many people will say practically anything for love or money. Therefore, the reliability of a paid informant is questionable.

Incidentally, there is a difference between reliability and accuracy. A broken clock is accurate twice a day, and a broken clock is also unreliable.

Post-Sentence

Probation, and the availability of probation, is another major difference between state and federal court in Texas.

In the 1990s, federal laws sharply limited probation in federal criminal cases. Probation is available, but only in limited situations. Some form of supervised release is usually an option, but only after defendants serve at least part of their sentences behind bars.

In direct contrast, almost all state level offenders receive probation, except for those with lengthy and recent criminal records or those convicted of the most serious felonies, such as murder and sexual assault.

The conditions of probation are extensive, to say the least. In addition to general conditions, like regular meetings with a supervision officer, judges often impose offense-specific conditions, such as a keep-away order in a domestic assault matter.

As a result, motions to revoke probation are very common. Usually, a good attorney can resolve these matters while preserving the defendant’s limited freedom.

Reach Out to a Compassionate Tarrant County Attorney

Judges determine sentences in several ways. For a confidential consultation with an experienced criminal law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker. Convenient payment plans are available.