People accused of criminal activity may potentially face charges in either state or federal court. The early stages of that process involve the state announcing the allegations against the defendant and the defendant responding by entering a plea. Typically, they choose between pleading guilty or asserting that they did not commit the offense as alleged by the prosecutor.
In some cases, they may work with a criminal defense attorney who negotiates a plea bargain with the prosecutor on their behalf. Instead of putting themselves at the mercy of the courts regarding the sentence imposed, they seek to limit the charges or the potential consequences by agreeing to plead guilty in return for certain concessions. Plea bargaining is very common among those facing state charges. Yet, there can be complications during the plea bargaining process if a defendant faces federal charges rather than state charges.
What makes the process different?
The most important differences between federal and state charges are the unique rules that exist at each level. Many of the same behaviors are illegal under both state and federal law. However, the penalties imposed for federal charges can often be more significant. The establishment of mandatory minimum sentences can make federal charges a much more significant concern than similar charges brought at the state level. Minimum sentencing rules can also complicate the plea bargaining process.
At the state level, prosecutors can often make a variety of concessions. They can agree to exclude jail time as a penalty, for example. Prosecutors may have less flexibility when negotiating a plea deal arrangement related to federal charges. A prosecutor may not be able to waive the mandatory minimum sentence in exchange for a guilty plea. That means that the defense team may either need to try to negotiate a plea for lesser charges or may need to start preparing to take the matter to trial. Other times, it may be possible to assist the state in addressing other criminal activity in exchange for reduced charges and lesser penalties.
Defendants sometimes put themselves at unnecessary risk by trying to handle their early response to criminal charges on their own or by failing to learn about the rules that govern federal criminal cases. Fighting federal criminal charges often requires more careful preparation – and legal support – than fighting similar charges at the state level because of the unique rules that apply.
