If you’re facing criminal charges in Florida, one of the first things to understand is whether the case is being handled in state court or federal court. The differences between the two systems can be dramatic — from the way charges are filed to how trials are conducted and sentences are imposed.
At The Bonderud Law Firm, we defend clients in both state and federal court. Here’s how these two systems differ — and why it matters for your defense.
Jurisdiction: Who Brings the Charges?
- State charges are filed by the State Attorney’s Office and prosecuted in Florida circuit or county courts.
- Federal charges are filed by the U.S. Attorney’s Office and prosecuted in U.S. District Court.
Federal jurisdiction typically applies when:
- The alleged crime crosses state lines
- The offense involves federal property or agencies
- The crime violates federal statutes (e.g., drug trafficking, wire fraud, immigration violations)
Types of Cases Typically Handled Federally
Federal courts typically handle:
- Drug trafficking and large-scale distribution
- Mail, wire, and bank fraud
- Tax evasion and money laundering
- Public corruption
- Child pornography offenses
- Immigration crimes
- White collar offenses involving interstate or international conduct
By contrast, most violent crimes, DUIs, domestic violence, and theft cases are prosecuted at the state level.
Investigative Agencies
State charges usually involve:
- Local police departments
- County sheriff’s offices
- State law enforcement agencies (e.g., FDLE)
Federal charges may involve:
- FBI
- DEA
- ATF
- Homeland Security
- IRS
- U.S. Secret Service
Federal cases often result from long-term investigations involving subpoenas, surveillance, and grand jury proceedings.
Court Procedure and Rules
Federal courts follow the Federal Rules of Criminal Procedure, while Florida courts follow state-specific rules. Key differences include:
- Speedy trial timelines are longer in federal court
- Discovery is more limited in federal court
- Federal pretrial release (bond) is often more restrictive
- Jury selection and trial strategy differ due to different jury pools and procedures
Sentencing Differences
- State court sentences vary based on Florida’s Criminal Punishment Code and allow for judicial discretion, probation, or diversion.
- Federal court uses the U.S. Sentencing Guidelines, which rely on a point system and are heavily influenced by the amount of loss, drug weight, or criminal history.
Federal convictions almost always result in prison time — often without parole.
Charged in Federal Court? You Need a Different Level of Defense
Federal prosecutions are handled by seasoned agents and prosecutors with vast resources. If you’re facing federal charges, you need an attorney who understands the federal system and has the experience to match.
At The Bonderud Law Firm, we provide aggressive, knowledgeable defense in both state and federal criminal courts. Contact us today to schedule a consultation and protect your rights.