When a case is charged in federal court, many people assume it must be more serious. That is often true, though not always. Federal cases follow different rules, involve different agencies and frequently carry heavier sentences.
Why a case ends up in federal court
Federal courts handle violations of federal law. Some conduct violates both state and federal law, such as drug trafficking or certain firearms offenses, and prosecutors decide which system to use. Federal cases often involve:
- Larger drug quantities or multi-state activity
- Firearms combined with drug offenses
- Fraud involving federal programs, banks or interstate commerce
- Investigations by agencies such as the FBI, DEA, ATF or IRS
Differences from state court
- Sentencing. Federal judges consider the U.S. Sentencing Guidelines, and some offenses carry mandatory minimum sentences.
- No parole. Federal prison sentences are served with only limited credit for good conduct.
- Pretrial detention. Federal judges decide release at a detention hearing, and some charges carry a presumption of detention.
- Investigations. Federal cases are often built over months, with extensive evidence before charges are filed.
- Conspiracy. Federal conspiracy charges can hold a person responsible for the conduct of others.
North Carolina's federal districts
North Carolina has three federal districts: Eastern, Middle and Western. Harnett County falls within the Eastern District. Lawyers must be admitted to practice in a particular federal court.
Not every federal case is the most serious
Some federal cases involve relatively minor offenses, such as certain offenses on federal property. Still, the procedures and consequences differ enough from state court that experience in federal practice matters.
What to do
If federal agents contact you, or you receive a target letter or subpoena, speak with a lawyer before responding. Early advice can influence whether and how charges are brought.
This article is general information, not legal advice. Every case is different; to talk about yours, call 910-893-2900. Learn more about our criminal defense practice.
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