Federal and State Criminal Trials and Appeals

Whether a case is tried in federal or state criminal court depends on the jurisdiction of the alleged crime.

Federal Criminal Trials

Federal criminal cases often begin with investigation through one of the federal agencies, such as the IRS, FBI, SEC, DEA, ATF, Postal Inspectors, ICE, U.S. Marshals or other government law enforcement bureaus or departments. When one of these federal agencies moves to indict, the case is generally tried under the federal justice system.

Our attorneys have years of experience trying cases in federal court, experience first gained as federal prosecutors and for the last thirty years enhanced as skilled defense attorneys. Of course, not all cases should be tried and our attorneys are also skilled in the art of negotiating a resolution that will bring the best possible result to our client.

Judges who provide sentencing for federal cases are guided by United States Federal Sentencing Guidelines. Recent United States Supreme Court decisions have broadened authority of federal judges to be able to use their discretion in sentencing. A knowledgeable advocate (like our attorneys) can help obtain the best sentence possible.

Examples of crimes frequently brought in federal courts include, but are not limited to:

Federal cases are heard in the United States District Courts.

State Criminal Trials

State and Federal jurisdiction of cases frequently overlap. State courts are not subordinate to federal courts and maintain their own rights of jurisdiction. Some cases may be tried in a state or federal court. The majority of civil cases are tried in state courts, and white collar crime cases, for the most part, are tried in federal courts if they fall within the scope of Article III of the United States Constitution, which provides exclusive federal jurisdiction. Our attorneys will explain how jurisdiction is determined.

Appeals

An appeal refers to a request for higher court review of a criminal case. In Florida, state criminal cases are first appealed to District Courts and then to the Florida Supreme Court.

A Federal District Court case may be appealed to the United States Court of Appeals designated for that District Court. When appeals have been exhausted at the United States Court of Appeals level, United States Supreme Court review may be sought.

Many law firms do not offer appellate work in addition to trial representation because a very different sort of expertise is required in drafting appeals. Traditionally, law firms used their most competent and experienced attorneys to work on appeals. At Sands & Moskowitz, P.A., our clients benefit from our ability to represent them in appeals as well as in courtroom litigation.

If you have been accused or are under indictment for criminal charges or want to discuss the possibility of appeal, find out how we can help. To arrange a consultation, please contact us at 305-285-1500 or send us an email.