The Differences Between Being Charged with a State Versus a Federal Crime

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: If you're charged federally, how do the sequence of events look differently to the person being charged versus a state crime? What will they experience that's different from being charged with a state crime?

In a Federal Case, You Will Not Be Detained in the County Jail

Acacia Law: One of the first big differences is that if you're charged with a state crime, you're going to be probably held in the local county jail. If you're charged with a federal crime in Arizona, the federal government has various facilities located throughout the state where the person could be housed.

Most of the people that are charged that are being detained by federal court for Tucson cases, they're held all the way up in Florence, Arizona. So for one thing, there's almost an instant sense of isolation for people who are charged in these federal cases if they're detained.

State Cases in Arizona Have Open Discovery; Federal Cases Do Not Have to Comply with Discovery

So right away there's that separation. Another big difference that you see in federal cases, and one of the main ones, is in the state of Arizona, we have very open, what we call, "discovery rules", which is the state has to show you what evidence they have against you.

Now, in federal court, that is not necessarily the case.

Will You Know You Are Being Charged on the Federal Level When You Are Arrested?

Interviewer: When somebody's literally being arrested will they know that they're being arrested and charged federally or statewide or they'll be confused at that point?

Acacia Law: They may be confused. If he or she is being arrested by a federal agent odds are they're going to be prosecuted by the federal government but that's not always the case. I've had cases where for whatever the reason, the federal law enforcement officials arrested somebody but then later turned the prosecution over to the state.

The majority of the time, as I say, it depends on what agency does the arresting. That's the best indicator as to whether or not a case is going to go to federal court or into state court, but that's not a bright rule.

But there are certain exceptions. For example, the federal government exclusively prosecutes immigration cases.

Interviewer: That makes sense. You say in some drugs cases and weapons cases, it's kind of the luck of the draw and where the case will be prosecuted because it depends on the circumstances?

Acacia Law: Yes, that is correct.