In general, if someone is going to be involved with the legal system in any way, the first step is determining the proper venue or jurisdiction. In most cases in the United States, that would mean determining whether federal or state laws will control. Although many of the laws and regulations overlap with one another, there are key differences in terminology and application that will play a vital role for anyone accused of committing a federal or state crime.
In most instances, common and smaller crimes (assault, battery, small drug charges) will be prosecuted at the state level after a person is arrested by local law enforcement, perhaps through a traffic stop or in response to a 911 call. Most likely the investigation will be conducted entirely by state and/or local law enforcement, and the local State’s Attorney Offices (also commonly referred to as District Attorney) will review the evidence compiled by said law enforcement before bringing what they believe are the appropriate charges. From there, any prosecution would take place entirely in the appropriate state court. Given the State of Illinois elimination of cash bail, at a defendant’s first hearing the prosecutor will have to decide whether they want to file a Petition to Detain a defendant before trial (if the Pretrial Fairness Act even gives that discretion), with the prosecutor needing to show the judge by clear and convincing evidence that no conditions of pretrial release can prevent the defendant from presenting a real and present threat to the safety of the community or an individual, or from willfully fleeing. From there, an individual charged with a crime that proceeds past the initial hurdles can expect to have court dates every 30-45 days typically where the defendant will have to appear (either by zoom or in person depending on the judge and jurisdiction) until discovery is complete in their case, which can vary greatly depending on the type of case and what resources are needed to mount a defense. Once discovery is complete (or even before), a defendant can file pretrial motions and if those aren’t dispositive or resolve the case, the defendant can either negotiate a plea agreement or otherwise plead guilty or go to trial before a judge or jury, with any type, length, or type of sentence upon conviction generally controlled by the class of charge which will set a sentence range or types/kinds of sentenced available.
Federal charges tend to be reserved for more substantial crimes in which federal prosecutors have “a federal interest” in pursing. The Department of Justice has considerably more leeway in deciding whether or not to bring charges against an individual or leave it to state prosecutions, although there are a handful of instances where only federal prosecutions can be brought (such as crimes on federal land or certain crimes committed involving federal agencies like the US Post Office). Many times, it is the directive and initiative of the administration in place and the local US Attorney that will dictate what crimes are investigated and pursued at the federal level. For example, if the administration or a local US Attorney’s office believes that drugs are one of the more serious issues in the district or country, they may prioritize prosecuting large drug conspiracies through special operations, task forces, or generally directing federal law enforcement to investigate potential drug crimes. To that end, local law enforcement through normal operations may uncover said drug crimes, such as fentanyl distribution or other serious crimes they are aware the federal government is interested in pursuing, and may notify federal law enforcement who could provide additional resources and federal charges for the crimes they are prioritizing. For example, in recent years many defendants who are arrested for being a felon in possession of a firearm through vehicle searches or other interactions initiated by state or local law enforcement will initially be charged in state court, only to see the federal government bring federal charges later for the same alleged conduct. This is allowed because under the dual sovereignty doctrine, which treats the federal and state governments as separate sovereigns. It is often said that there are two different kings. Although the United States Supreme Court has held that it is not considered “double jeopardy” to be prosecuted in both court systems, generally speaking, once the federal government initiates charges related to the same conduct being prosecuted in state court, state court prosecutors usually dismiss the state charges which has the practical effect of freeing up state resources, both in prosecuting and monitoring charged individuals and potentially housing convicted defendants in prison. Once charged, an individual being prosecuted at the federal level can expect a similar treatment through the pretrial conference as well, but the caseloads of criminal judges handle on a given day are much less voluminous than that of a typical state court. Given the might and resources of the federal government, along with the aforementioned discretion in which the DOJ can essentially pick and choose which crimes to charge, sometimes discovery can take a long time, especially in complex financial crimes or in instances of a wide-ranging conspiracy in which investigations took place over months if not years. Anyone who pleads or is found guilty at trial will also be sentenced under a sentencing regime that considers the advisory United States Sentencing Guidelines and any mandatory minimum sentences required by law. The guidelines establish what is called a “sentencing guideline range” which takes into account a defendant’s criminal history and the facts surrounding their charged conduct to first find a range of months for the judge to take into account what an appropriate sentence would be according to Congress. It is required to be calculated and is considered a starting point for consideration. That range can wildly differ depending on certain circumstances, nuanced facts, and other factors, and even then judges are free to depart from that range in handing out a sentence above or below said calculation, unless there are mandatory minimums/maximums related to the defendant’s charge of conviction.
One major difference between state and federal pretrial release is that in Illinois at the state level, a defendant who has some restrictive conditions imposed on them during their pretrial release will generally receive credit for their time on electronic monitoring, home confinement, or other pretrial release conditions (subject to some exceptions) that limit their mobility if they receive a sentence of imprisonment at the end of their case. This stands in stark contrast with the federal level, where no credit is formally given for placement on the similar programs/monitoring that the federal government runs during pretrial release. That being said, strict adherence to the rules of a federal pretrial release are critical at sentencing and judges are free to consider it when handing out the ultimate sentence. There are many other key differences between the state and federal level, from procedures to terms used to convey similar programs, such as “supervised release” being used for the term at the federal level that many people would associate with being placed on “parole” at the conclusion of any sentence of imprisonment in state court. In either case, whether at the state or federal level, there is no one-size-fits-all answer to what a person charged with a crime can expect from the date of their charging to the day their matter is resolved. Anyone facing state or federal charges should consult with an attorney experienced in that system, as not all attorneys operate in both systems. Many more attorneys tend to practice in the state court system, which is why it is particularly important to hire an experienced federal criminal defense attorney if you are under investigation for a federal crime or charged in federal court.
