State criminal charges in Broward County are prosecuted by the State Attorney under Florida law in state court. Federal charges are prosecuted by the United States Attorney in federal court, usually the Southern District of Florida, after investigations by agencies such as the FBI, DEA or IRS. Federal cases generally require a grand jury indictment for felonies, use the federal sentencing guidelines and have no parole.
Key takeaways
- Federal felonies are generally charged by grand jury indictment.
- Federal investigations often run for months before charges.
- Federal sentencing uses advisory guidelines and mandatory minimums.
- There is no parole in the federal system.
- The same conduct can be charged by both systems.
When does a case become federal?
Federal jurisdiction applies when conduct violates federal law, such as crossing state lines, using mail or interstate wires, involving federal programs or banks, large drug conspiracies, firearms offenses by prohibited persons and immigration related crimes. Many cases could be charged in either system, and prosecutors decide which one proceeds.
How do federal and state cases differ?
- Investigation. Federal cases often involve long investigations, wiretaps, grand jury subpoenas and cooperating witnesses.
- Charging. Federal felonies are generally charged by grand jury indictment.
- Discovery. Florida state court allows depositions of witnesses. Federal court generally does not.
- Sentencing. Federal judges use advisory guidelines along with mandatory minimums set by Congress.
- Time served. Federal inmates generally serve at least 85 percent of their sentence, with no parole.
Facing this situation in Broward County? Talk to a defense attorney today.
What should you do if you are under federal investigation?
Signs include a target letter, a grand jury subpoena, a search warrant or a visit from agents. Do not talk to agents without a lawyer, and do not destroy records. Lying to a federal agent is itself a federal crime. An attorney can communicate with prosecutors and sometimes influence whether charges are filed at all.
Can you be charged in both state and federal court?
Yes. Because Florida and the United States are separate sovereigns, both can prosecute the same conduct. In practice, one system often takes the lead, and the defense has to be coordinated across both.
Frequently asked questions
Are federal charges worse than state charges?
Federal cases often carry longer sentences and more investigative resources, but every case depends on its facts.
What federal court covers Fort Lauderdale?
The United States District Court for the Southern District of Florida.
Is there parole in federal prison?
No. Federal parole was abolished for offenses after 1987. Inmates can earn limited good conduct time.
What is a target letter?
A letter from federal prosecutors saying you are a target of a grand jury investigation. Contact a defense attorney immediately.
Related practice areas
Practice areaWhite Collar Crime Defense Attorney
Practice areaOrganized Crime Defense Attorney
Practice areaDrug Crimes Defense Attorney
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This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.