Reasons for charges being prosecuted federally:

The reasons behind why a federal prosecutor decides to take a case Federal rather than keep in state court vary. But lots of times it involves some aspect of federal law, a gun, or a large amount of drugs. Here are some examples of types of crimes that might go federal:

How a federal case gets started:

Federal charges can be initiated in one of three ways: a grand jury “indictment,” an “information,” or a “criminal complaint.” In federal felony cases, the United States Constitution requires that the prosecutor present the case to a grand jury to decide whether charges should be issued. A grand jury is composed of 16-23 members of the public who are called to serve on jury duty. Sometimes federal prosecutors use a criminal complaint or felony information as a faster way to issue charges — particularly when a grand jury is not in session. Eventually, the prosecutor must still bring the case before the grand jury within a certain amount of time unless the defendant waives the right to have a grand jury review the charges. 

All three methods (indictment, information, and criminal complaint) require the same level of proof to bring charges: probable cause that a crime has been committed. 

In a federal investigation, the US Attorney’s Office will sometimes notify the person in advance that they are under investigation and offer them the opportunity to “proffer” by coming in for an interview with a federal law enforcement agency (like the FBI) and the federal prosecutor handling the case. This is a way for the prosecutor to determine whether or not to proceed with the case and whether to give the person a benefit for cooperating. This situation must be approached with caution because it often requires the person under investigation to admit to crimes under federal law. It often leads to someone pleading guilty as part of a plea deal before charges are actually brought. Early cooperation like this can sometimes be the best way to limit potential exposure to significant federal prison time, as opposed to waiting for charges to be issued or going to trial. 

How to beat federal charges:

Once the federal government brings charges, it’s very hard to get them dismissed. Unlike county prosecutors’ offices, which bring a large volume of new cases to court every single day, the US Attorney’s Office works on fewer cases at a time, does a generally more thorough investigation, and brings charges that it is confident it can prove beyond a reasonable doubt. However, just because federal charges have been brought does not mean the person will be convicted. Federal criminal defense attorneys can challenge and sometimes defeat charges by contesting the validity of any traffic stop, arrest, search warrant, or statement made by the defendant. Often, state and local law enforcement agencies will be the first people involved in an arrest or search, and there are often solid arguments that what they did violated the Fourth Amendment or the Fifth Amendment. The Fourth Amendment protects people from unlawful searches and seizures. The Fifth Amendment protects people from having to incriminate themselves in the face of law enforcement questioning, and in the heat of the moment officers will often forget to issue Miranda warnings correctly about the right to remain silent. A motion to suppress evidence or to suppress statements is often the best way to challenge federal charges.

If a pretrial motion does not result in dismissal, acquittal by a jury at trial is not unheard of in the federal system. Jurors are savvy and are often skeptical of overly aggressive police tactics or sloppy investigations. If a resolution cannot be reached with the prosecutor before trial, a trial can be a successful approach in the right case.

Federal sentences:

For anyone convicted of a federal crime — whether through a guilty plea or a jury trial — the potential sentences are high. In federal court, the judge must calculate and consider the United States sentencing guidelines. The guidelines are calculated by a combination of factors, including the person’s prior criminal history and key aspects of the offense of conviction (such as the loss amount in a financial crime or the drug quantity in a drug case). In addition to the offense conduct, the court must consider “relevant conduct,” which can include uncharged conduct and even dismissed counts. For example, if a person pleads guilty to transporting stolen goods across state lines, the person will be held responsible for the entire value of the goods or money that was stolen, not just the amount transported over state lines. Similarly, if a person pleads guilty to health care fraud on one date, the financial loss amount for all fraud dates will be counted in the guidelines. At sentencing, the government must only prove contested facts by a “preponderance of the evidence” (> 50%), as opposed to “beyond a reasonable doubt” at trial. 

The sentencing guidelines produce a range of time recommended for incarceration. The judge must consider this sentencing range but can go above or below for an articulated reason. The main reason a judge will go above or below the guidelines range is the defendant’s level of remorse or lack thereof, and actions they have taken (good and bad) since the offense occurred.