1839 S. Alma School Road
Suite 264
Mesa, Arizona 85210
(480) 374-8747
(602) 357-8606 (espanol)
177 N. Church Ave
Suite 312
Tucson, AZ 85701
(520) 468-6668
(602) 357-8606(espanol)

The Federal Court System Is Separate From the State Court

(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.)

Yes, it's a totally separate system. Federal judges are appointed for life. All they have to do is be confirmed by the US Senate. There's a confirmation. The President nominates them and then they're appointed for life.

Is Federal Court More Selective About Cases?

Interviewer: Do the federal courts tend to prosecute as many cases as the states do? Or is the process more selective?

Tucson Federal Court Is the Exception Due to the Amount of Immigration Crime

Acacia Law: They tend to be more selective. In Tucson, we're a bit of an aberration because of all the immigration crime. So this district court is probably three or four times as busy as any other district court in the country.

But in most states, the federal court is not as busy with criminal cases.

Interviewer: When someone's arrested and charged in a federal case, are they "indicted" or is that the wrong term?

Acacia Law: They are indicted just as in a state case.

Interviewer: Does indicted mean they were charged with a federal crime?

Being Indicted on Federal Charges by a Grand Jury or a Preliminary Hearing

Acacia Law: That's correct, by a grand jury. That means the US Attorney's Office, who has presented some evidence to a grand jury and the grand jury has determined there's probably cause to believe that that person has committed a crime.

Then the grand jury issues an indictment. The other way that cases get started in federal court is where the US Attorney files a complaint and you're entitled to what's called a "preliminary hearing.” This hearing is where a judge decides whether or not there's enough evidence to find that there's probable cause to believe that the person has committed an offense. That results in a complaint.