The Important Distinctions Between State and Federal Cases
Whether you are being prosecuted for a criminal charge in state or federal court makes a substantial difference in both how your case will be handled and the potential penalties you face. The procedures and processes of the two courts are dramatically different, and the ability of your lawyer to match the challenges of your case can have a substantial impact on your future.
At the Peoria, Illinois, law office of Joel E. Brown, Attorney at Law, we counsel clients in both federal (United States District Court) and state (Circuit Court) criminal defense matters. We give our clients the direction and guidance they need to make informed decisions about their case, and then we put more than 17 years of proven legal experience behind the singular effort of making those decisions a reality.
We can't erase the past, but we can affect your future.
Know The Challenges That You Face
While trial by jury is always in the forefront of an aggressive defense, the most important distinction between a state and a federal case is the length and seriousness of the sentences you face. Federal penalties tend to be far more serious with much less opportunity for flexibility, primarily because of statutorily mandated sentences passed by Congress and the United States Sentencing Guidelines (USSG). These guidelines direct both prosecution and judges, and leave little room for negotiation. However, the conflict often exists in how the statutory and guidelines apply to an individual case. Among the important points to understand about federal prosecution is:
- Federal cases tend to carry stiffer penalties than equivalent state court cases
- Guidelines and statutes drive sentencing in federal cases
- There is no parole in the federal justice system, and limited opportunities to reduce a sentence
- Federal courts have specific procedures that differ greatly from state court matters
By comparison, the criminal justice system in the state courts of Illinois is designed to be less procedural. State court cases are sentenced by statutory considerations only, and when there is no agreement on a sentence, a state court judge generally has more discretion within statutorily established minimum and maximum sentences created for the different classes of felony or misdemeanor.
Whether you are facing state or federal prosecution, it is vital that you have a lawyer who is well equipped and experienced in the environment. Your attorney should also be able to advise you on the very important issue of federal charges resulting from a state court prosecution. Our office has built a proud reputation of having successful results in both courts, and we understand the broad and unique challenges posed by both arenas.
Let Us Review Your Case
From opportunities for pre-arrest intervention to how we can work within the constraints of federal sentencing guidelines, we are focused on fighting for you every step of the way. To find out more about our office and how we can put our experience behind you, contact our office.
