Difference between federal and state charges

Difference between federal and state charges

You got arrested and now you’re hearing “federal charges” – maybe FBI agents arrested you instead of NYPD, maybe you’re at a federal detention facility instead of Rikers, maybe your lawyer explained that prosecutors chose federal court. You don’t understand what this means. Federal sounds more serious, you’ve heard about harsher sentences and lower bail chances, but you don’t know the practical differences: Will I get out before trial? How is this different from regular criminal court? What happens to me now?

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. With over 40 years of combined experience, we’ve handled federal and state cases across New York, including high-profile matters you’ve seen in the news. Our representation of Anna Delvey became a Netflix series. This is what we do.

Here’s what you need to understand about your situation. This article explains why it matters which system your case is in, what the bail differences mean for you, what conviction rates and timelines look like in each system, and whether you can be prosecuted twice for the same conduct. Not abstract legal doctrine, but practical consequences for people in your position.

Why It Matters Which Courthouse You’re In

The moment your case became federal instead of state, everything changed – not just the building where you appear, but the entire system prosecuting you. Federal court means U.S. Attorneys (not District Attorneys) with unlimited resources: FBI, DEA, IRS agents who spent months or years building your case. Federal judges with life tenure hearing your case. Federal Rules of Criminal Procedure governing everything from discovery to trial. Federal Sentencing Guidelines determining your sentence. Bureau of Prisons facilities if you’re convicted – not state prisons.

What triggered federal jurisdiction in your case? Common scenarios: You crossed state lines while committing the offense. You used a federally insured bank or financial institution. You trafficked drugs or guns across state borders. You committed fraud involving federal programs like PPP loans or Medicare. You lied to federal agents during an investigation – that’s a separate federal crime under 18 USC 1001, punishable by up to five years.

Take a concrete example. You buy controlled substances in New Jersey, drive to New York, sell them in Manhattan. That’s drug trafficking across state lines – federal jurisdiction under the Commerce Clause. Could New York or New Jersey prosecute you at the state level? Absolutely. But once drugs cross state borders, federal prosecutors can take the case, and they typically do because mandatory minimum sentences give them more leverage in plea negotiations. Same conduct, same drugs, different forum – but your experience is completely different. State case might mean county jail, bail bondsman, parole eligibility at 50% of sentence. Federal case means federal detention, much harder to get bail, mandatory minimums with 85% minimum time served and no parole.

The Bail Question: Federal vs State

Here’s your most urgent practical question: Can I get out before trial? The answer depends entirely on which system you’re in, because bail works completely differently in federal court.

State bail – at least in New York and many other states – operates with bail schedules: predetermined amounts for specific offenses. Robbery might be $50,000 bail. Your arraignment happens, judge sets bail based on the schedule (with some adjustment for your criminal history and circumstances), you contact a bail bondsman, pay them 10% ($5,000 in this example), and you’re out within hours or days. Cash bail is common. Getting out before trial is relatively achievable for many defendants.

Federal bail is dramatically different. There’s no bail schedule in federal court. Your detention is determined case-by-case at a detention hearing before a federal magistrate judge, typically within three business days of arrest. The Bail Reform Act of 1984 creates a presumption of detention for certain offenses: drug trafficking offenses, violent crimes, crimes of terrorism. That means the burden is on you to prove you should be released. Judges consider whether you’re a flight risk or a danger to the community. If you do get bail in federal court, it’s usually an unsecured bond – you don’t pay money up front. Bail bondsmen are rarely used. But federal defendants are much more likely to be detained pre-trial. If the government argues you’re a flight risk – and they have evidence you crossed state lines or have significant assets – you’re probably staying in federal detention until trial, which could be 6-18 months.

Compare these scenarios. State arrest for robbery in New York: $50,000 bail set via bail schedule, you use a bondsman (pay $5,000), you’re out within days. Federal arrest for bank robbery: Bail Reform Act presumes detention, U.S. Attorney argues you’re a flight risk, magistrate judge denies bail, you remain in federal detention for 12-18 months until trial. Same offense, different system – you’re either home or locked up.

What You’re Actually Facing

Then there’s conviction reality.

Federal conviction rate at trial exceeds 90% – if prosecutors take you to trial in federal court, they almost always win. State conviction rates vary by jurisdiction but are generally lower. Federal prosecutors have enormous resources: FBI, DEA, IRS investigators working for months or years before charging you. They build cases methodically. They decline to prosecute weaker cases. When they indict you, they’ve already built a strong case. But here’s critical context: only 2-3% of federal cases actually go to trial. The other 97%+ resolve through plea agreements. State cases have higher trial rates. Why? Trial penalty. The average federal sentence after trial is roughly three times higher than the average sentence after pleading guilty. Plea agreements involve pleading to fewer counts, cooperation credit (5K1.1 motions if you provide substantial assistance), sometimes charge bargaining. Going to trial means conviction on all counts, no cooperation credit, prosecutors arguing for maximum Guidelines ranges. Your Sixth Amendment right to trial comes at enormous cost – a constitutional right that has become substantially illusory when 97% of cases plead out. Timeline differences matter. Federal investigations often last years before charges are filed. Once charged, the timeline from indictment to trial averages 6-12 months for straightforward cases, 18-24 months for complex white-collar prosecutions. State cases often move faster from arrest to resolution. Sentencing is where federal versus state makes the biggest difference. Federal sentencing is governed by the Federal Sentencing Guidelines – complex calculations based on offense level and criminal history. Many federal offenses carry mandatory minimums: drug trafficking (5, 10, or 20 years depending on drug quantity), gun offenses (5, 7, or 10 years), child pornography (5 or 15 years). Federal prison means serving minimum 85% of your sentence – there’s no parole in the federal system. State sentencing varies enormously by state. Parole exists in most state systems – you might be eligible at 50% of your sentence or earlier depending on the state.

Can You Be Charged Twice?

The answer is yes, you can be prosecuted in both systems – and no, it’s not double jeopardy. The dual sovereignty doctrine holds that federal and state governments are separate sovereigns. Each sovereign can prosecute you for violating its own laws, even when the conduct is identical. The Double Jeopardy Clause prevents being tried twice by the same sovereign, but it doesn’t prevent prosecution by different sovereigns.

Real examples: Rodney King case – Los Angeles police officers who beat Rodney King were tried in California state court and acquitted. Federal government then prosecuted the same officers for violating King’s civil rights under federal law (18 USC 242). Two officers were convicted in federal court. Not double jeopardy – different sovereigns. Derek Chauvin was convicted of murder in Minnesota state court, then prosecuted by federal government for violating George Floyd’s civil rights. He pleaded guilty in federal court. Again, not double jeopardy.

What does this mean for you? If your conduct could be charged in both systems, you face exposure in both. Usually prosecutors coordinate, but they don’t have to. If you’re acquitted at the state level, federal prosecutors can still charge you. Cooperation with federal prosecutors might help with state charges.

We’ve handled federal and state cases for many, many years – in federal courts throughout New York and state courts across the five boroughs. When the system you’re in determines everything from whether you get bail to whether you see parole, you need experienced counsel who understands both systems.

Call 212-300-5196.