The saying “don’t make a federal case out of it” usually means “don’t make a big deal about it.” The saying holds true, because federal cases are a big deal.
The criminal justice system in the United States can be divided into two different systems: State and Federal. Every state has their own judicial system: There are trial courts where criminal charges are filed and trials take place. Then, there are appeals courts that hear challenges from the trial courts. Finally, every state has some sort of high court that generally has the final word on interpreting the law and issuing rulings on cases that come before it. In Ohio, the trial courts are the Courts of Common Pleas (where felony cases are heard) and Municipal and County Courts (where misdemeanor cases are heard). Ohio has twelve different Courts of Appeal, which cover different geographic areas throughout the state. Ohio’s high court is known as the Supreme Court of Ohio.
The federal judicial system has the same three-part judicial system. The trial courts are known as district courts. The courts that hear appeals from the district courts are known as courts of appeals. The highest court in the United States is the United States Supreme Court. Ohio has two district courts: The United States District Court for the Northern District of Ohio and the United States District Court for the Southern District of Ohio. All federal charges, regardless of their classification as felonies or misdemeanors, are filed in the appropriate district court. The Court of Appeals for the Sixth Circuit hears appeals from Ohio’s federal district courts.
So why are federal charges a big deal?
- They don’t come off your record. There is no provision under federal law that allows for the sealing or expungement of federal criminal convictions. Therefore, even if a person has lived a law-abiding life for a significant period of time, their conviction will follow them for the remainder of their life.
- There are mandatory minimum penalties associated with many offenses. For example, federal drug offense penalties increase depending on the quantity of drugs seized. Generally, federal drug offenses can lead to penalties from 0-20 years on the low end, 5-40 years for increased quantities, and 10 years-to-life in the most serious cases. A mandatory minimum penalty means that the district judge must impose at least the mandatory minimum sentence, as the case may be.
- Federal law enforcement officers are sophisticated and highly trained. Special agents employed by federal law enforcement agencies undergo rigorous training. Most have college degrees and significant experience conducting investigations.
- Federal prosecutors are selective in the cases they choose to file and people they choose to prosecute. Unlike state courts, federal courts are courts of limited jurisdiction. Only violations of federal law can land in federal court. Of those violations, federal prosecutors (known as Assistant United States Attorneys employed by a United States Attorneys Office) only select those cases having the strongest and most overwhelming evidence.
- Sentencing Guidelines. The United States Sentencing Commission is a federal agency that publishes the United States Sentencing Guidelines. The mission of the Guidelines is to impose fair and similar sentences for federal offenses across the country. Although the Sentencing Guidelines are not mandatory (they are advisory, meaning that the district judge need not follow the Guidelines, but must give reasons for disregarding them), the district judge is still required to calculate the advisory guideline range (a ratio between the offense of conviction and the offender’s criminal history) before imposing a sentence. Navigating and understanding how to make the Guidelines work in the client’s favor is critical.
Having an experienced criminal defense attorney in federal courts will make all the difference. Contact us today for experienced criminal defense in federal courts.
