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The United States judicial system is divided into state and federal courts. Whether a person accused of a crime is prosecuted in the federal or state criminal system depends on what laws were violated and the policies and procedures of each court system.
Out of the thousands of felony prosecutions filed each year in Florida, only a small percentage are filed in the federal system. Often a particular criminal behavior will violate both a state and a federal law. In theory, the offender could be prosecuted in both systems for the same criminal activity, but in practice this rarely happens. Most federal and state prosecutors divide up criminal charges based on availability of resources, which statute most closely fits the criminal conduct, available punishment in each system, and each system's policy considerations.
A federal case starts when the grand jury indicts a person. The person and their lawyer are not allowed during the grand jury proceeding so it is a very one sided afair. Once the indictment is filed, the criminal case begins.
The federal system is complex. Discvery rules are different and the process is different.
Contact me today to discuss your legal options if you are facing federal charges.
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