Serving the Metropolitan Area of Kansas City
1125 GRAND BLVD
SUITE 1700
KANSAS CITY, MO 64106
(816) 471-5777
11900 COLLEGE BLVD
SUITE 310
OVERLAND PARK, KS 66210
(913) 341-3600

State v. Federal

Federal Crimes

If one is arrested by federal authorities and taken to a federal detention center, the likelihood is that the case will be handled in federal court. There are numerous types of offenses that fall under the category of "Federal Crimes," which include:
  • Smuggling Controlled Substances
  • Internet Crimes
  • Large Quantity Narcotic Conspiracy Cases
  • Bank Robbery and Bank Fraud
  • Pornography Cases
  • Mail Fraud/Theft from the Mail
  • Bribery of Public Officials
  • Crimes Committed on Federal Land
  • Interstate Crimes
In federal court, both the United States Code and the Federal Sentencing Guidelines control sentencing. Under the Guidelines, a federal judge is required to sentence according to a formula, which is a combination of the offense of conviction and the defendant's criminal history.

Once the defendant is convicted and the prior record is determined, the judge uses a chart to determine the sentence that must be imposed. Since there are only a few ways to get a downward departure from sentencing guidelines, it is imperative that you are represented by an attorney who is thoroughly familiar with federal court procedures.

State Crimes

If you have been arrested or are under investigation by a local police department, you will most likely be prosecuted in a State court. State crimes are violations of State and local statutes or ordinances. They are prosecuted in either Municipal or Superior Courts in the county in which the charges are filed, by either City Attorneys or District Attorneys.

Typical examples of State crimes include:
  • Murder
  • Embezzlement
  • Rape
  • Child Abuse/Molestation
  • Fraud
  • Sex Crimes
  • Drug Transportation
  • Drug Sales/Distribution
  • Domestic Violence
  • Assault and Battery
  • Robbery/Theft
  • Controlled Substance Possession
  • Under the Influence

How We Can Help

State prosecutors have the authority to determine the level of charges in each individual case (i.e., misdemeanor or felony) and indeed whether or not charges will be filed at all. This is where we come in.

Christopher J. Angles has achieved outstanding results across the nation by intervening early in the criminal process in order to prevent cases from being filed or prosecuted, or by influencing which charges get filed. If the matter proceeds to trial, Mr. Angles will obtain the best possible outcome for his client.

The differences between state and federal criminal cases are not obvious. For example, bank robbery is a federal offense and drunk driving is a state or municipal crime. Many charges can be filed in either system or both. Narcotics cases can often be charged either by state or federal authorities.

In many cases, the arrested person will know where the case will go by the arresting agency. If an FBI agent arrests you, the case will be in federal court. If local policeman arrests you, the case will probably be in state court.

Cases Usually Prosecuted in the State Courts:

  • Murder
  • Rape / Child molestation
  • Possession of controlled substances / Under the Influence
  • Domestic violence / Assault & battery
  • Robbery / Grand Theft / Shoplifting
  • Most misdemeanors

Cases Usually Prosecuted in the Federal Courts:

  • Smuggling controlled substances
  • Large quantity narcotic conspiracy cases
  • Bank robbery and bank fraud
  • Mail fraud / Theft from the mail
  • Bribery of public officials
  • Crimes committed on federal land
  • Crimes committed in one state with flight to another state

STATE vs. FEDERAL

PROCEDURE AFTER BEING ARRESTED
  • Arrestee taken to jail
  • Arrestee photographed and fingerprinted
  • Arrestee allowed to make a telephone call

Setting of bail

STATE
Bail is determined by a Bail Schedule. Factors that cause the bail amount from the schedule to increase are:
  • Prior record
  • History of appearances on other matters
  • Citizenship status
  • On parole or probation
Once bail has been set, the arrestee can either post the bail or remain in custody.

In court, the arrestee can ask the court for a bail reduction, which may or may not be granted.
FEDERAL
In a federal case, there is no Bail Schedule.

If arrested on a federal charge, the arrestee must be taken before a United States Magistrate for bail to be set. This appearance must be no later than the very next court day from the arrest, but is often the same day of the arrest.

At the courthouse, the arrestee is interviewed by a Pretrial Services Officer who will conduct an investigation into the arrestee's background, including employment, financial, family and community ties, and will make a recommendation to the Magistrate on the matter of bail. Facts about the case will not be discussed in the investigation.

Under the Federal Bail Reform Act, a person considered to be either a flight risk or a danger to the community can be detained with no bail.

Flight risk is commonly found in cases involving non-citizens, especially in large-scale narcotics cases.

Danger to the community is commonly found in cases involving weapons, organized crime, gang-related activity or persons with an extensive criminal record.

If the Magistrate orders detention (no bail), the arrestee can appeal to a District Court Judge

Pre-Trial Stages

Although there are a number of significant procedural differences between state and federal cases, in the areas of trial preparation and plea negotiations, these differences are mostly cosmetic and not substantive.
STATE
In most states, after the arrest and before the trial, the accused has a right to a preliminary or probable cause hearing. At this hearing, the prosecution must produce sufficient evidence to create a reasonable suspicion that a felony was committed and that the accused committed it. If they do, the accused is "held to answer" for trial. Cases where the prosecution does not present sufficient evidence are dismissed.
FEDERAL
At the initial appearance before the Magistrate in federal court, a date will be set for a preliminary hearing.

Between the time of the initial appearance and the preliminary hearing, the United States Attorney will present the case to the Grand Jury and will receive an indictment. Once the accused is indicted, the right to a preliminary hearing is negated and the case proceeds directly to the District Court for trial.

Discovery

The biggest difference between the pre-trial proceedings in state and federal cases is "Pre-Trial Discovery." Discovery is the term used to describe the prosecution's obligation to provide all of its evidence to the defense, including police reports, witness statements, expert witness statements, investigation reports, evidence logs, laboratory test results, photographs and documents describing the charges.
STATE
In state court, discovery is required, by statute, at an early stage in the proceedings, long before the trial.
FEDERAL
In federal court, discovery is not required until much later in the case. Under the Federal Rules of Criminal Procedure, the prosecutor is not required to provide witness statements until after the witness has testified in the trial, a rule that seems quite unfair and is frowned on by many judges. Due to the attitude of many judges, there is a policy that the United States Attorney should provide "discovery" at an earlier time than required by the statute. A problem arises when a United States Attorney chooses to "play by the rules" and withhold discovery until the last minute. In such cases, a defense attorney will make motions to compel discovery at an early stage of the proceedings "to avoid delays once the trial has begun." This approach is usually successful in getting early discovery.

Sentencing in State And Federal Court

The biggest difference between state and federal cases is sentencing after a conviction, either by plea or trial.
STATE
Even though there are a number of state crimes that carry mandatory/minimum sentences, such as murder, rape, kidnapping and large quantity narcotics cases, state law allows a judge the right to exercise discretion and sentence under the mandatory/minimum where "unusual circumstances" exist. This means that, either by way of a plea bargain or, even without the concurrence of the District Attorney, a state judge can impose a lenient sentence if they are persuaded that it is appropriate. It is the defense attorney who should bring mitigating circumstances to the attention of the sentencing judge.
FEDERAL
In federal court, both the United States Code and the Federal Sentencing Guidelines control sentencing. Under the Guidelines, a federal judge is required to sentence according to a formula, which is a combination of the offense of conviction and the defendant's criminal history. Once the offense of conviction and the prior record is determined, the judge uses a chart to determine the sentence that must be imposed. Since there are only a few ways to get a judge to depart from sentencing guidelines, it is important to be represented by an attorney who is thoroughly familiar with federal court procedures.

"Christopher J. Angles has achieved outstanding results across the nation by intervening early in the criminal process in order to prevent cases from being filed or prosecuted, or by influencing which charges get filed."

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1125 GRAND BLVD., SUITE 1700
KANSAS CITY, MO 64106
(816) 471-5777
FAX (816) 842-7331
 11900 COLLEGE BLVD., SUITE 310
OVERLAND PARK, KS 66210
(913) 341-3600
FAX (913) 338-4458

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