what is the state or federal government's attorney in a criminal case

A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is the trial prosecutor depicted in countless television shows, books and films, State's Attorneys don't just prosecute accused criminals.

Full Answer

What is the difference between a federal and a state attorney?

Difference Between Federal and State Prosecutors. The vetting process for federal prosecutors is more intense than for state prosecutors. A position as a federal prosecutor is a more prestigious position and federal prosecutors typically have fewer cases. This allows them to be generally better prepared for trial.

What is the difference between state and federal criminal cases?

Federal criminal cases are prosecuted by Assistant United States Attorneys (AUSAs). They strictly prosecute federal criminal crimes and often times work hand in hand with federal law enforcement agencies in the investigative stages of a federal case. They are attorneys that have been specially trained in the prosecution of federal crimes.

How does a state attorney work in the US?

Understanding the Criminal Case Process. The information below gives a general overview of a federal criminal case from first appearance to sentencing. It does not speak to all of the intricacies of the federal criminal process and is not a substitute for consulting with an attorney. Each individual case is different.

What is the role of the US Attorney in criminal cases?

Federal criminal attorneys with over 25 years of success in courts across the country. Page Pate, Jess Johnson, and Tom Church are consistently ranked among the country’s top federal criminal defense attorneys. Together, they have over over 40 years of successful results in federal trials, federal appeals, and post-conviction early release ...

What term refers to the state or federal government's attorney in a criminal case?

Prosecutors. Federal criminal prosecutions are handled by U.S. attorneys, who are appointed by and ultimately responsible to the U.S. Attorney General. State prosecutors—sometimes called district, state, county, or city attorneys—prosecute violations of state and local law.

What is the government's responsibility in a federal criminal case?

According to United States Courts, “In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt.Aug 25, 2016

Are most criminal laws state or federal?

Some criminal acts are crimes only under federal law. But many criminal acts, such as bank robbery and kidnapping, are crimes under both federal and state law and may be prosecuted in either federal or state court.

What's the difference between a federal and state crime?

If a crime occurs in one state, it's typically considered a state crime if it expressly breaks a federal law. If a crime is committed in more than one state or the alleged activity crosses state lines or it occurs in context with a federal property, it may be considered a federal crime.Apr 26, 2017

Does a state or a federal court try cases dealing with disputes between states?

Most criminal cases involve violations of state law and are tried in state court, but criminal cases involving federal laws can be tried only in federal court.

What are the different responsibilities of federal and state criminal justice operations?

What are the responsibilities of federal and state criminal justice operations? National and state systems of criminal justice enforce laws, try cases, and punish offenders. Federal officials enforce crimes defined by Congress. Federal involvement in criminal justice has expanded in recent decades.

What is the difference between a state and federal court?

Generally speaking, state courts hear cases involving state law and federal courts handle cases involving federal law.Aug 30, 2019

Is a felony a federal crime?

Felonies can be committed at either the federal or state level. A federal felony is investigated by agencies like the FBI or DEA, and prosecuted by the US Attorney General.

What is the difference between federal and state governments?

The main difference between the federal government and state government is that the federal government has the power or the authority to regulate the different states of the nation, and on the contrary, the state government has the power to regulate within the boundaries of the state in which it is governing, and it ...

What are two examples of federal crimes?

The following are examples of federal crimes that are punishable under federal law include the following:Piracy.Treason.Counterfeiting.Drug trafficking.Violations of securities laws.Violations of interstate commerce.

Is federal worse than state?

Importantly, the penalties linked to federal crimes generally are more severe than those handed down by state courts. If you are facing federal charges or you are under investigation by a federal agency, you will need your case handled by someone with a depth of experience defending such cases.

Do federal and state investigations of crime use the same procedures?

Federal and state investigations of crime use the same procedures. Criminal defendants may be freed at one of many points throughout the criminal justice process. An arrest is not a seizure under the Fourth Amendment.

Who initiates a criminal case?

Criminal Cases. Only the government initiates a criminal case, usually through the U.S. attorney’s office, in coordination with a law enforcement agency. Allegations of criminal behavior should be brought to the local police, the FBI, or another appropriate law enforcement agency.

What is it called when a defendant pleads guilty?

If a defendant pleads guilty in return for the government agreeing to drop certain charges or to recommend a lenient sentence, the agreement often is called a “plea bargain.”. If the defendant pleads guilty, the judge may impose a sentence, but more commonly will schedule a later hearing to determine the sentence.

What is the purpose of a judge's initial appearance?

At an initial appearance, a judge who has reviewed arrest and post-arrest investigation reports, advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed and that the defendant has committed it. Defendants who are unable to afford counsel are advised of their right to a court-appointed attorney. Defendants released into the community before trial may be subject to electronic monitoring or drug testing, and required to make periodic reports to a pretrial services officer to ensure appearance at trial.

What happens if a felony pleads not guilty?

If the defendant pleads not guilty, the judge will schedule a trial.

What is a trial in criminal law?

Criminal cases include limited pretrial discovery proceedings, similar to those in civil cases, but with restrictions to protect the identity of government informants and to prevent intimidation of witnesses.

What is sentencing in a case?

Sentencing. If the verdict is guilty, the judge determines the defendant’s sentence . During sentencing, the court may consider U. S. Sentencing Commission guidelines, evidence produced at trial, and also relevant information provided by the pretrial services officer, the U.S. attorney, and the defense attorney.

What is probation officer?

The court’s probation officers enforce conditions imposed by the court part of a criminal sentence. Supervision of offenders may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options, such as home confinement or electronic monitoring.

What is the difference between a federal prosecutor and a state prosecutor?

Difference Between Federal and State Prosecutors. The vetting process for federal prosecutors is more intense than for state prosecutors. A position as a federal prosecutor is a more prestigious position and federal prosecutors typically have fewer cases. This allows them to be generally better prepared for trial.

What is the difference between federal and state courts?

There are many differences that exist between federal courts and state courts, beginning with the way they are constructed. Federal courts have judges who are selected by the President of the United States and confirmed by the United States Senate. These judges are often tenured for life unless they are removed for bad behavior.

Why is it important for corporations to fully understand the depth and the possibility of investigations against them?

Just because a case starts off as a civil matter does not mean that it will not become a criminal matter at a later date. It is important to be prepared for this possibility from the very beginning.

What time is a federal court hearing?

If you have a hearing in federal court set for 9:30 a.m., your case is most likely the only case that is set for that day and at that time. Cases are rarely continued in federal court on the day of trial.

When cases move from state to federal court, what happens?

When Cases Move From State to Federal Court. A white collar case may move from state court to federal court depending on the amount of money at stake. There are welfare fraud cases where individuals systematically defrauded the government of welfare benefits on such a broad scale that the case initially brought in the superior court was dismissed ...

Who decides where charges are brought?

The prosecutor has the discretion to decide where the charges are brought. The defendant does not have this same discretion. The prosecutor will often make the decision based on who is investigating and the size of the case. It can depend on whether the defendant is investigated by the local police, the FBI, the DEA, as well as whom the case was brought to after the investigation. If the case was presented before the US Attorney’s Office, they may decide to take the case.

Is narcotics a priority?

Recently, the Attorney General announced that certain narcotics offenses are no longer as much of a priority as they were in the past. Changes in the economy have allowed for health care fraud to become a very hot area for prosecution.

What is the federal agency that investigates criminal cases?

There are a number of law enforcement agencies that investigate federal criminal cases (the Federal Bureau of Investigations–FBI, The Drug Enforcement Agency–DEA, The Department of Homeland Security and a number of others. Sometimes state law enforcement agencies assist in these investigations as well.

What is the first step in a federal criminal case?

So, that’s the first step when you’re talking about a federal criminal case, is that investigation phase and the agents for the government — FBI and various other agencies — will do surveillances, get warrants, wire taps, they will search homes. They will do whatever it takes to be able to figure out whether or not a crime has been committed.

Why is federal sentencing unique?

Federal is a unique situation because the Federal Sentencing Guidelines are uniform across the United States, so every single state that has a federal court where cases are filed in the criminal courtrooms, they use the same sentencing memoranda and basically the same sentencing guidelines. Basically, it’s the same formula as far as ...

How much of a sentence do you have to serve in federal court?

When sentenced at the federal level, a defendant will usually have to serve 85 percent of that sentence.

What determines the length of a potential sentence?

A number of factors will determine the length of a potential sentence, including whether the defendant accepts responsibility for their actions, whether they have a prior criminal record, the amount of loss involved, and how many victims were involved.

What happens when you plead your bail?

So, once your bail is dealt with, once you’ve been read all of your charges and you enter your plea, then most courts are going to assign you to the court where your case is going to be dealt with. That will be your judge for the remainder of the case.

What is the right to remain silent in federal investigations?

During a federal investigation, an individual has the right to remain silent, the right to hire an attorney, and the right against illegal search and seizures. It is advised that anyone who is under investigation utilize their right to remain silent and hire an attorney to help guide them through the process.

What is the difference between the federal and state courts?

Each state has its own legislature, governor, and court system, while the federal government is composed of the United States Congress, the President, and the federal court system. State and federal courts each have specific types of cases that they will hear, referred to as “jurisdiction.”. Each court system has unique legal procedures ...

What is the federal court system?

Federal courts handle cases involving: The United States is a party to the case. The case involves a matter of federal law or the Constitution. The case involves parties from different states. Bankruptcy, copyright, patent, or maritime law. Cases in the federal court system start in a United States District Court.

Why is the federal court system called limited jurisdiction?

This is because federal courts can only hear cases that they are specifically authorized to hear.

Where are criminal cases heard in Ohio?

Most criminal cases are heard in state court because most crimes are violations of state or local law. In addition to criminal cases, state courts also handle: Most cases in Columbus are heard in the Franklin County Municipal Court. Those cases can be appealed to Court of Appeals for the Tenth District of Ohio.

Is a criminal case a federal case?

Criminal Cases in Federal Court. Criminal charges are a very serious, regardless of whether they are in state court or federal court. However, the dynamics involved in a federal criminal case can be significantly different. In general, the federal government has tremendous resources to devote to investigating and prosecuting their cases.

Is it important to understand the difference between state and federal charges?

However, the difference between state and federal charges can significantly affect your case , so it’s important to understand the difference. It’s even more important to have an attorney who knows how to handle both federal ...

Is there a lot of overlap between state and federal courts?

State courts typically handle cases involving the following crimes: However, there can be a lot of overlap between state and federal criminal jurisdiction. A criminal defense attorney with experience in both state and federal cases can help you understand the charges you are facing.

What did the jury find in the case of the defendant in the U.S. v. V.W.

The client was facing mandatory life in prison if convicted. The jury found him “not guilty” on all counts, despite wiretap evidence and the testimony of alleged co-conspirators. (U.S. v. V.W.)

How long was the deputy sheriff in jail?

The federal judge granted our motion and dismissed all charges. Our client was facing up to 10 years in prison. Won a federal criminal jury trial for a deputy sheriff who was indicted on multiple federal charges in Georgia. He was found not guilty on all counts by the jury after a high-profile criminal trial.

Is federal criminal investigation handled differently than state criminal investigation?

Yes, in many important ways. Federal criminal investigations and prosecutions are handled very differently than similar criminal cases in state courts. First of all, the law enforcement agencies that investigate federal crimes are generally well-funded and staffed by the most experienced agents and investigators.

Who is Page Pate?

Page Pate, Jess Johnson, and Tom Church are consistently ranked among the country’s top federal criminal defense attorneys. Together, they have over over 40 years of successful results in federal trials, federal appeals, and post-conviction early release petitions.

Was the gun charge guilty?

FEDERAL GUN CHARGES – NOT GUILTY. Won a federal criminal jury trial in Atlanta, Georgia for a client indicted for possessing illegal firearms. He was facing up to 10 years in federal prison. (U.S. v. M.H.)

What is the difference between federal and state crimes?

Length of Sentences. Another major difference between federal crimes vs. state crimes is the required sentence. Federal judges are steered by federal sentencing guidelines when handing down a sentence. Mandatory minimum sentencing means that federal sentences tend to be much more lengthy than state sentences.

Who is the federal crime attorney in Cleveland?

If you have been charged with a federal crime, Cleveland federal crime attorney Matthew C. Bangerter, ESQ. can help.

What is mandatory minimum sentencing?

Mandatory minimum sentencing means that federal sentences tend to be much more lengthy than state sentences. Even if their crimes are similar, someone being sentenced for a federal crime will typically face a much more harsh penalty than someone who has been convicted of a state crime.

Why is legal representation important?

This is of particular importance if you’ve been charged with a federal crime because the sentences for federal charges are so strict.

What is the number to call if you are charged with a crime?

Call (440) 409-7898 Today. Getting the right legal representation is important when you’re charged with a crime. One of the first things to consider is whether you’ve been charged with a federal crime or a state crime. To achieve the best possible outcome for your case, you’ll want a legal professional who is knowledgeable about federal crimes vs.

What are some examples of federal crimes?

Federal crimes typically involve federal government agencies such as the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), Department of Homeland Security, the Internal Revenue Service (IRS), the Bureau of Alcohol, Tobacco, and Firearms (ATF), Border Patrol, Secret Service, ...

Is a crime considered a state crime?

The majority of crimes that are committed can be categorized by state law as criminal acts. Therefore, they are considered as state crimes. They’re investigated by local police officers, state agents, or county sheriffs. State crimes include things such as:

What are the cases that are tried in the state courts?

State courts have wide reaching jurisdiction and deal with cases involving the violation of state and local laws and ordinances, such as rape, traffic violations, murder , arson, and domestic violence. By and large, the majority of criminal cases are tried in state courts.

Which government has the power to prosecute?

In the United States, both the states and the federal government have the power to prosecute individuals for criminal offenses, with each having its own separate court system. Determining whether a defendant’s case will be tried in state or federal court largely depends upon the alleged crime committed and its associated jurisdiction, ...

What happens when the federal government and state share jurisdiction?

In many cases involving crimes where both the federal government and the state’s share jurisdiction, one party will defer jurisdiction to the other and allow them to prosecute the defendant first. The deferring government will only step in and prosecute the defendant if the other prosecution should fail to secure a conviction.

Which court has jurisdiction over crimes?

In contrast, federal courts have jurisdiction over any crimes which occur on federal property or deal with a violation of federal statutes or the United States Constitution. Likewise, the federal government has jurisdiction over crimes in which criminal conduct crosses state lines or involve federal officers.

Is federal crime bigger than state crime?

Generally speaking, crimes prosecuted by the federal government are larger in scope than state crimes and can involve multiple defendants, carrying much harsher penalties upon conviction.

Does double jeopardy violate the Constitution?

While the Constitution’s Double Jeopardy Clause protects individuals from multiple prosecutions by the same “sovereign,” since the states and federal government are considered different entities, successive prosecutions for the same crime does not violate this clause.

Is robbery a federal crime?

While many state laws make robbery a crime, certain federal laws about robbery, such as the law that makes it a federal crime to rob a bank backed by a federal agency, grant the federal government the authority to prosecute an individual accused of robbery in federal courts in addition to their state trial.