How Are Federal Criminal Cases Different from State Cases?

If you’re facing criminal charges in federal court, you’re up against a different system — one with stricter rules, harsher penalties, and prosecutors backed by massive government resources. Defending a federal case is not like defending a state court DUI or theft charge. The stakes are higher. The process is more complex. The consequences are often life-altering.

At The Bonderud Law Firm, we represent clients in serious federal matters and understand how to navigate the high-pressure environment of U.S. District Court. Here’s what makes federal criminal cases different from state cases.

1. Who Brings the Charges?

• Federal cases are prosecuted by the U.S. Attorney’s Office, often based on investigations by federal agencies like the FBI, DEA, ATF, IRS, or Homeland Security.
• State cases are handled by local State Attorneys and involve violations of Florida criminal statutes.

Federal investigations often take months or years before charges are filed — and when they are, the case is usually well-developed.

2. What Types of Crimes Are Typically Federal?

Common federal charges include:

• Drug trafficking (especially across state or international lines)
• Wire fraud, mail fraud, bank fraud
• Money laundering
• Conspiracy offenses
• Firearms offenses under 18 U.S.C. § 922
• Child pornography
• Immigration offenses
• Public corruption and bribery
• White collar crimes involving federal programs or financial institutions

Some crimes — like drug possession or firearms violations — can be charged at either the state or federal level, depending on jurisdictional factors.

3. Different Rules, Procedures, and Sentencing

Federal criminal cases follow the Federal Rules of Criminal Procedure, not Florida’s rules.

Key differences include:

• No speedy trial clock like in Florida — federal cases often move slower
• Discovery is more limited — no obligation to disclose everything upfront
• Sentencing is based on the U.S. Sentencing Guidelines — which use a point system based on offense level and criminal history
• No parole in the federal system — only limited “good time” credits

Federal judges have discretion but are heavily influenced by the sentencing guidelines, and many federal crimes carry mandatory minimums.

4. Pretrial Release in Federal Court Is More Difficult

In state court, most people are entitled to bond. In federal court, you may be detained pretrial if the judge finds:

• You’re a flight risk
• You’re a danger to the community
• No conditions can reasonably assure your appearance and safety of others

Your attorney must be prepared to argue strongly for your release at your initial detention hearing.

5. The Stakes Are Often Higher

Federal convictions carry:

• Lengthy prison sentences
• Large fines and forfeiture of assets
• Restitution obligations
• Felony records that follow you for life
• Immigration consequences (for non-citizens)

And the conviction rate is high — over 90% of federal criminal cases result in a conviction, many through plea deals.

Charged in Federal Court? You Need Serious Representation

Federal cases are not for beginners. At The Bonderud Law Firm, we defend clients in complex federal prosecutions with strategy, experience, and tenacity. We fight indictments, suppress evidence, negotiate favorable pleas, and take cases to trial when needed.

Contact us today to schedule a consultation and defend your future in federal court.