The Difference Between State and Federal Court and The Importance of a Federal Criminal Defense Lawyer in San Marcos and The State of Texas

Being charged with a federal crime is incredibly serious, and those facing criminal federal charges will need swift assistance in getting acquainted with the intricacies of federal court. For those who are interested in general, or who have recently been charged with a federal crime, here are several things to keep in mind about the differences between federal court and state court that make it beneficial for anyone facing federal charges, whether you’re in San Angelo or San Marcos to hire a federal criminal defense lawyer.

The Differences in Federal Versus State Court:

Several differences between federal and state courts make it crucial to hire a federal defense lawyer when faced with charges in San Marcos and the Lone Star state in general:

Type of Cases Tried: If you are facing criminal charges in federal court, it’s likely that your charges are quite severe, as federal courts handle an extremely limited number of cases per year, and mainly deal with criminal cases involving white collar crimes, or crimes against the federal government such as crimes that cross of state lines, crimes that occur on federal lands, or crimes committed directly against the United States or a federal agency such as sedition. Criminal cases tried in federal court usually deal with constitutional law, and tend to be more extensive than those tried in state court, as federal courts have the resources necessary to conduct large investigations and present a multitude of evidence.

Prosecution: Unlike cases in state court, federal cases are prosecuted by federal prosecutors known as US Attorneys. US attorneys are directly appointed by the President of the United States and are known as the chief federal law enforcement officer for their specific district. Since US attorneys are often chosen for their outstanding achievements and have extensive resources and a very limited case load, they are incredibly effective litigators. To navigate the tactics of federal prosecution a highly skilled attorney is often needed. This can especially be said for Texas’ Western Judicial District, where decorated US attorney Jamie Esparza provides a convincing case for why anyone charged with a federal crime in San Marcos and the surrounding area should look for a federal criminal defense lawyer.

Court Processes: Certain court processes differ slightly in state versus federal court. In federal court, because the discovery process lasts longer the fees associated with a federal case tend to be much higher than that of a case tried in state court. Additionally, while the timeframe for each case varies on an individual basis, federal cases tend to be more drawn out and may take years to complete. The sentencing process also works differently in federal court. In state court when a defendant is found guilty, a good lawyer can still obtain a favorable outcome for their client as the sentence handed down by the judge is usually one that both the defense and prosecution agree upon. In federal cases, however, the defense and prosecution have little to no say in the sentencing, as the judge presiding over the case is given the ultimate authority to determine the sentence. A skilled federal criminal defense lawyer San Marcos and the greater Texas area can help in navigating prolonged federal cases and aid in attaining a not guilty verdict to avoid court fees and unfavorable sentencing.

The Importance of Contacting a Federal Criminal Defense Lawyer

All in all, if you’re charged with a federal criminal crime, the first thing you should be doing is contacting a federal criminal defense lawyer. While federal defense lawyers tend to be more expensive than state defense lawyers, it is important to hire a lawyer with experience in both state and federal law as federal law and federal courts have many intricacies that require an expert to manage. Depending on the specific circumstances of your case, a federal criminal defense lawyer may argue for the case to be removed from federal court and tried in a state court. When it comes to federal criminal cases, a highly skilled federal criminal defense lawyer can make the difference between maintaining one’s freedom or spending years in federal prison.


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