Florida vs. Federal Criminal Cases: Key Differences You Need to Know
If you or a loved one is facing criminal charges in Florida, it is crucial to understand whether the case is being prosecuted in state court or federal court. While both systems follow legal principles of due process and constitutional rights, they differ significantly in terms of jurisdiction, laws, procedures, and potential penalties. Here’s what you need to know about the differences between Florida criminal cases and federal criminal cases.
Jurisdiction: Who Prosecutes the Case?
The main difference between state and federal criminal cases lies in jurisdiction, meaning which authority has the power to prosecute the case.
- Florida Criminal Cases: Most crimes committed within the state of Florida are prosecuted in state courts by a State Attorney (prosecutor) under Florida law. These include crimes like DUI, domestic violence, theft, and drug possession.
- Federal Criminal Cases: When a crime violates federal law or crosses state lines, it is prosecuted in federal court by the United States Attorney’s Office under federal statutes. Examples include drug trafficking, wire fraud, immigration offenses, and white-collar crimes involving federal agencies like the FBI or DEA.
Types of Crimes Handled
- Florida State Crimes:
- DUI and traffic offenses
- Assault and battery
- Drug possession and distribution (if not crossing state lines)
- Theft and burglary
- Domestic violence
- Firearm violations (under state law)
- Federal Crimes:
- Drug trafficking (crossing state or national borders)
- Bank fraud and wire fraud
- Child pornography offenses
- Counterfeiting and identity theft
- Organized crime (RICO cases)
- Immigration violations (illegal reentry, visa fraud)
- Federal firearm violations (e.g., felon in possession of a firearm under 18 U.S.C. § 922(g))
Investigative Agencies Involved
- Florida Cases: Investigated by local police departments, county sheriffs, or the Florida Department of Law Enforcement (FDLE).
- Federal Cases: Investigated by federal agencies such as the FBI, DEA, ATF, IRS, ICE, or even U.S. Postal Inspectors.
Procedural Differences
- Arrest and Charges
- In Florida courts, an arrest typically leads to an arraignment and the setting of bail.
- In federal cases, a grand jury often issues an indictment before charges are formally filed.
- Bail and Pre-Trial Detention
- State courts generally allow cash bail or bond for most offenses.
- Federal courts follow the Bail Reform Act, which requires detention hearings, especially for crimes involving drugs, violence, or national security.
- Sentencing and Penalties
- Florida cases follow state sentencing guidelines, where judges have more discretion.
- Federal cases adhere to the Federal Sentencing Guidelines, which can lead to harsher penalties and mandatory minimum sentences for drug crimes, white-collar crimes, and firearms offenses.
Why the Court System Matters in Your Case
Understanding whether your case is in state or federal court impacts:
- How the case is prosecuted
- Potential sentencing outcomes
- Defenses available to you
- The length of the investigation (federal cases often take longer due to extensive grand jury proceedings and wiretap investigations)
How Bonderud Law Firm Can Help
If you are facing criminal charges in Florida, whether in state or federal court, you need an experienced attorney who understands both legal systems. At The Bonderud Law Firm, we have the experience and knowledge to defend against both Florida and federal criminal charges.
Contact us today for a consultation to discuss your case and begin building your defense strategy.
