There are several key differences between state and federal courts. If your facing charges, it’s important to understand those differences. It’s also crucial to hire a lawyer who has experience fighting cases in the type of court in which your case will be held.
Federal Court Cases
The federal court will hear cases that involve federal laws, crimes against the United States, and some lawsuits between citizens of different states. Additionally, they handle bankruptcy, maritime, patent, and copyright cases.
Over the years, Congress has created federal district courts. Federal trials take place in these courts, which are scattered throughout the country. If you make an appeal of a federal case, it first goes to the circuit court of appeals. The final stop could be the U.S. Supreme Court, but it is not common for cases to make it this far. The Supreme Court chooses which cases it will hear.
Federal judges are appointed for their lifetime and are paid for their services until their death. Meanwhile, Federal Magistrate Judges are only appointed for terms. They usually hear disputes regarding evidence and other related issues.
State Court Cases
A state or local court only hears cases involving state laws. Typically, this includes family law, personal injury lawsuits, criminal cases, traffic violations, and contractual disputes. Because of the wide scope of state court cases, the state courts handle many more cases than federal courts.
There are three tiers of state courts – trial court, appellate court, and supreme court. Typically, a trial court case only involves one judge. An appellate case could have between three and five judges, while a supreme court case has seven or nine judges.
Judges could be appointed or elected, depending on where you live. In Florida, trial judges are chosen in nonpartisan elections.
As you might expect, the trial court hears the majority of cases in Florida. But the appellate court is responsible for hearing appeals of those cases. There are multiple appeals courts located throughout Florida.
Common Ground
At times, state and federal cases overlap. The case is most likely to be held in a state court, but will be passed on to the federal court if the state tries to interpret a federal law. Likewise, some criminal cases involve U.S. Constitutional rights. If there is an appeal of one such criminal case, it will go into the federal appellate court.
In some situations, a defendant could be prosecuted in both a state and federal court. Although this is rare, it could happen when a person commits a crime that is both state and federal law.
If you’re unsure whether your case is a federal or state matter, your best course of action is to consult with an experienced lawyer. They will ask for the details of your case and determine what type of court will hear your case.
Why It Matters
Understanding the difference between federal and state court can help you in several ways. For one, it can prepare you for what to expect. Although a federal courtroom is similar to a state courtroom, the trial process differs slightly.
It also matters because the consequences can vary. Both the state and federal court have mandatory minimum sentences. However, federal judges have more guidelines than they do mandatory sentences.
In 2013, there were 45,783 crimes committed in Miami-Dade County. Whether you’re facing state or federal charges, you need an aggressive lawyer. Call Stroleny Law today.
