Both the State of Texas and the United States government prosecute criminal cases under their respective laws. United States Attorneys prosecute cases in the appropriate federal district court in Texas, while state prosecutors file charges in one of the many state courts.
There are many other important differences Texans should know if they ever face a federal investigation or indictment for a financial or other type of crime.
- The technical rules and procedures of federal court are in many ways very different from those in state court. Even attorneys not familiar with the federal system can get tripped up by these rule differences.
- In federal court, getting held in custody while one’s case is pending, with no possibility of pre-trial release, is relatively common.
- Even when faced with similar cases, federal and state authorities may prosecute charges based on differently worded laws.
- Likewise, in federal court, a person might not have the same rights as they would in a state court proceeding.
- Federal prosecutors and investigators have the reputation of being well-financed and well-trained.
- Sentencing is different in federal court. With mandatory minimum sentences and other factors, a person who would get probation in state court might be looking at years in prison after a federal conviction for what amounts to the same behavior.
A person facing federal charges should make sure they know their rights
A Beaumont resident facing a federal criminal case will want to make sure they understand their rights and options before making any big decisions, including a decision to cooperate with law enforcement.
A misstep in a federal case can mean, at worst, that a person loses their freedom unfairly and, at best, that the person receives harsher penalties than they really should.