State Court vs. Federal Court: How the Two Criminal Systems Differ

What is the difference between a state and a federal criminal case?

State and federal courts are separate court systems in the United States. Under Article III of the U.S. Constitution, federal judicial power reaches cases arising under the Constitution and federal laws, and controversies in which the United States is a party. Federal criminal cases follow the Federal Rules of Criminal Procedure and are brought by federal prosecutors, such as a United States attorney. Those federal rules do not, on their own terms, govern ordinary state prosecutions. Those follow each state's own procedures, which vary. [2][4][5]

What does this page cover, and what does it leave out?

This page explains the federal side of the divide using two national sources: Article III of the U.S. Constitution and Rule 1 of the Federal Rules of Criminal Procedure. Procedure differs between federal court and each state, and this page does not describe any particular state's rules. Where a statement below describes a rule, it is the federal rule unless the text says otherwise. [4]

What decides whether a criminal case is in state or federal court?

At the constitutional level, the line follows the reach of federal judicial power. Article III extends that power to cases arising under the Constitution, the laws of the United States, and treaties. A case charged under a federal law therefore falls within the kind of case federal courts are empowered to hear. [2]

Article III also extends federal judicial power to controversies in which the United States is a party. In a federal prosecution, the United States is the party bringing the case. The prosecutor is an "attorney for the government" under the federal rules. [2][5]

A case that starts in state court can sometimes be moved, or "removed," into federal court. Once that happens, the federal rules govern the proceedings that follow. One exception remains: state law still governs a dismissal by the prosecution. [4]

The sources on this page do not include the federal statutes that define particular crimes. They also do not include the statutes that set out when a case may be removed. For that reason, this page does not say which specific charges are brought in which system. It describes only the constitutional framework. [2]

Which rules govern a federal criminal case?

Federal criminal cases are governed by the Federal Rules of Criminal Procedure. Under Rule 1, those rules apply in all criminal proceedings in the federal district courts, which are the federal trial courts. They also apply in the federal courts of appeals and in the U.S. Supreme Court. [4]

The federal rules also reach certain territorial courts, such as the district courts of Guam and the Virgin Islands, with some exceptions. For purposes of the rules, "State" includes the District of Columbia and U.S. commonwealths, territories, and possessions. [4][5]

Some proceedings fall outside the federal criminal rules even though they involve federal law. Rule 1 lists several of them. Among those listed is the extradition and rendition of a fugitive. [4]

Do the federal rules ever apply before state judges?

Only in limited situations. Rule 1 provides that a federal rule applies to a proceeding before a state or local judicial officer only when that rule says so. Otherwise, the federal rules describe themselves as governing federal courts. [4]

The rules define "judge" to include both federal judges and state or local judicial officers. That definition lets certain federal rules address a state official acting in a federal matter. A state or local judicial officer, for this purpose, includes an officer authorized to act under a specific federal statute. [5]

Ordinary state prosecutions follow the state's own procedural rules, which this page's sources do not include. Federal rules reach a case that began in state court only in the situations described above. One is a case removed to federal court, where state law still governs a dismissal by the prosecution. [4]

Why does the court system matter to the person charged?

The system determines who brings the case. In federal court, the prosecutor is an "attorney for the government." That includes the Attorney General, a United States attorney, or their authorized assistants. [5]

It also determines who decides the case's procedural questions. Under the federal rules, the "court" is a federal judge performing functions authorized by law. Federal judges include magistrate judges, who often handle earlier stages that the rules assign to them. [5][1]

The system decides which rulebook applies at each step, from early hearings through appeal. A federal case follows the Federal Rules of Criminal Procedure. A state case follows that state's procedures, and the details can differ in ways that matter. [4]

Article III sets ground rules for trial within the federal judicial power. The trial of all crimes, except impeachment, is by jury. It is held in the state where the crime was committed, or where Congress directs if the crime was not committed in any state. [3]

Who prosecutes a federal criminal case?

The Federal Rules of Criminal Procedure use the term "attorney for the government." That term includes the Attorney General or an authorized assistant, and a United States attorney or an authorized assistant. It also covers other attorneys authorized by law to act as prosecutors under the federal rules. This is a different office from the prosecutors who bring cases in state court. [5]

What is a magistrate judge?

In the federal system, a magistrate judge is one kind of federal judge. The Federal Rules of Criminal Procedure define a "magistrate judge" by reference to the federal statutes that create that office. When the rules authorize a magistrate judge to act, any other federal judge may also act. [5][1]

Where is a federal criminal trial held?

Article III of the U.S. Constitution provides that a criminal trial is held in the state where the crime was committed. When a crime was not committed within any state, the trial takes place wherever Congress has directed by law. The same clause provides that the trial of all crimes, except in cases of impeachment, is by jury. [3]

Can a criminal case reach the U.S. Supreme Court?

Article III gives the Supreme Court appellate jurisdiction, meaning power to review cases decided by other courts. That power covers cases within federal judicial power, such as cases arising under the Constitution or federal laws. It reaches both law and fact. It is subject to the exceptions and regulations Congress makes. The packet does not explain when a particular criminal case may be taken to the Supreme Court. [3]

Do the federal criminal rules cover extradition?

No. The Federal Rules of Criminal Procedure list proceedings they do not govern. That list includes the extradition and rendition of a fugitive, meaning the process of returning a person to the place where they are charged. Other law governs those proceedings. [4]