FEDERAL CRIMINAL LAWYERS

Can federal charges be reduced to state

You’re facing federal criminal charges and you’ve heard that state courts are easier, sentences are lighter, procedures less intimidating. So naturally you’re wondering: can my federal charges be reduced to state charges? The short answer is no – and understanding why reveals what CAN actually happen in your situation versus what you’re hoping might happen.

Thanks for visiting Spodek Law Group. We’re a second generation law firm managed by Todd Spodek – who has over two decades of experience defending clients in federal criminal cases nationwide. Our team has handled thousands of federal cases, and we’ve heard this exact question more times than we can count. Clients arrive hoping there’s some mechanism to move their case from federal court to state court. There isn’t. But what there IS – plea bargaining to lesser federal charges, potential dismissal, or strategic navigation when you’re facing exposure in both systems simultaneously – that’s where our experience actually helps you.

Federal Charges Don’t Move to State Court

Federal court and state court aren’t different departments of the same system – they’re entirely separate governments with separate laws, separate prosecutors, separate judges. When you’re charged in federal court, there is no mechanism to transfer or “reduce” that case to state court. A federal prosecutor works for the U.S. Department of Justice and enforces federal statutes. A state prosecutor works for your state and enforces state statutes. Neither can hand cases to the other like passing files between departments. Legal scholars call the ability to move cases from state court to federal court “removal jurisdiction” – and it only works in one direction. According to Congress.gov’s analysis of removal jurisdiction, defendants can sometimes remove cases FROM state court TO federal court when federal questions are involved. But there is no reverse mechanism. What happens if a federal court determines it doesn’t have jurisdiction over your case? As former U.S. Attorney Joyce Vance explains, the case gets dismissed, not transferred. This matters for your defense strategy because we see clients waste time pursuing something that cannot happen. Instead of asking your attorney “Can you get this moved to state court?” the questions that actually advance your case are: “Can you negotiate these federal charges down to lesser federal offenses?” and “What’s the realistic plea offer we can obtain from the Assistant U.S. Attorney?”

What Actually Works – Plea Bargaining

Approximately 98% of federal criminal cases end in plea bargains, not trials. That’s a reflection of federal prosecutors’ conviction rate at trial (also around 98%) and the enormous penalties that federal sentencing guidelines impose on those who go to trial and lose.

Federal plea bargaining comes in three forms. Charge bargaining means you plead guilty to a lesser federal offense than what you were originally charged with. Count bargaining means you plead guilty to fewer charges when prosecutors stacked multiple counts against you. Sentence bargaining means prosecutors recommend a specific sentence below what the guidelines would otherwise require. You’re charged with armed bank robbery, which carries up to 25 years. Your attorney negotiates a plea to bank larceny instead, which carries significantly less time. You’re still pleading guilty to a federal crime, but the offense itself is less severe.

The catch is that federal sentencing guidelines significantly restrict prosecutorial discretion compared to state systems. Many federal offenses carry mandatory minimum sentences that prosecutors cannot waive even if they want to offer you a better deal. A prosecutor might personally think five years is appropriate for your case, but if the statute mandates ten years minimum, their hands are tied unless they can find a way to charge you with a different offense that doesn’t carry the mandatory minimum.

We’ve spent 20+ years negotiating with federal prosecutors in the Southern District of New York and districts across the country. We know which AUSAs have flexibility on certain charges, which judges tend to depart downward from guidelines when the facts support it, and which arguments about your specific circumstances might persuade prosecutors to recommend a lower sentencing range. That institutional knowledge – built over many, many years – is what turns a 15-year guideline range into an 8-year negotiated plea.

The Dual Prosecution Problem

You commit one act, but you get charged in both federal court and state court for that same conduct. Isn’t that double jeopardy? No.

As criminal defense attorneys Goldstein Mehta explain, robbing a federally insured bank violates both the Federal Bank Robbery Act and your state’s robbery statute. Federal prosecutors can charge you for violating federal law. State prosecutors can charge you for violating state law. Both prosecutions can proceed simultaneously, and that’s constitutional. You might negotiate a favorable plea deal with federal prosecutors – say, eight years. You think you’re done. Then state prosecutors file their own charges for the same conduct and suddenly you’re looking at additional state prison time. There IS some protection – an internal Department of Justice policy called the “Petite Policy” that discourages federal prosecution after state prosecution unless there are compelling reasons. But it’s an internal guideline that prosecutors can override when they choose. What does this mean tactically? You need an attorney monitoring both federal and state investigations simultaneously. We’ve represented clients where FBI agents are investigating federal charges while the county prosecutor is considering state charges, both looking at the same underlying conduct. Our strategy has to account for exposure in both systems – communicating with both the U.S. Attorney’s Office and the state prosecutor’s office, trying to resolve the matter in one jurisdiction without triggering prosecution in the other.

When the Feds Walk Away

Federal prosecutors according to FindLaw typically focus on cases involving significant dollar amounts, interstate commerce, or federal program fraud. A fraud case involving $50,000 might not interest federal prosecutors, but it’s a significant state felony. Federal agents investigate, compile evidence, interview witnesses, then decline federal prosecution. All that evidence gets shared with state prosecutors, who use it to file state charges. You thought the case was over when the feds walked away – it was actually just beginning in state court.

If federal prosecutors decline or dismiss, and state prosecutors then file charges, you don’t have “reduced” charges – you have an entirely NEW state prosecution for the same conduct. Different sovereign, different charges, different court.

If you came to this article hoping to learn how to transfer your federal case to state court, you now understand that’s not an option. But what you’ve learned instead is more valuable: the realistic mechanisms for reducing federal charges through plea bargaining, the risk of facing charges in both jurisdictions simultaneously under dual sovereignty, and what happens when federal prosecutors decline. Spodek Law Group has defended clients in federal criminal cases for over 20 years. We’ve negotiated with Assistant U.S. Attorneys in districts across the country. We’ve handled cases that attracted national media attention – including the Netflix series about Anna Delvey, one of our high-profile federal clients. We’ve also represented ordinary people facing federal charges who need someone who understands how federal prosecutors think, what leverage exists in negotiations, and which arguments actually work with federal judges. We’re available 24/7 at 212-300-5196 because federal investigations don’t happen on a convenient schedule. When you’re facing federal charges, or when you’re wondering whether conduct under investigation could lead to prosecution in both systems, call us.