What Makes Federal Criminal Cases Different From Texas State Cases?

While walking into either a federal district or state courthouse can be disconcerting, they operate under vastly different rules and procedures. Whether you are charged on the federal or state level will determine who investigates and prosecutes your crime. Both systems work under a different set of judges, varying sentence lengths, and eligibility for release. If you have recently been arrested or suspect you are under government investigation, reach out to our San Antonio federal criminal lawyer immediately.

Investigation and Prosecution Process

A state investigation often happens after you have been formally charged. The initial investigation will be performed by state law enforcement or the Bexar County Sheriff’s Office shortly after your arrest. Once their investigation is complete, a police or sheriff will transfer the case to the District Attorney.

In contrast, you may only learn that you are under federal investigation after receiving a target letter. A federal target letter will notify you that you are the target of a Grand Jury’s investigation in relation to a specific crime. If you have received a target letter, there are probably already boxes of evidence against you. A grand jury hearing is overseen by an Assistant U.S. Attorney, who will attempt to secure a federal indictment.

Sentencing Criteria

Federal Sentencing Guidelines are established by the United States Sentencing Commission (USSC), which takes the seriousness of the offense along with a defendant’s criminal history into account. Since the Supreme Court’s decision in United States v. Booker, the guidelines are advisory rather than mandatory. Federal judges must calculate and consider the applicable guideline range, but they retain discretion to sentence outside that range based on the factors set out in 18 U.S.C. § 3553(a).

Texas functions on a different system, with many criminal statutes imposing a wide sentencing range for each offense. For example, a first-degree felony under Texas law is punishable by five to 99 years in prison, or life in prison. The judges have far more discretion, allowing them to consider any factors they deem relevant in sentencing.

Parole or Eligibility for Release

Parole is the conditional release of a prisoner before their sentence is completed. Eligibility for parole relies on whether or not you committed an aggravated offense and other various factors. An aggravated offense is a serious offense that is enhanced from the base level offense. In Texas, these are commonly known as “3g” offenses, which are now codified under Texas Code of Criminal Procedure Art. 42A.054.

If you are found guilty of an aggravated offense, such as aggravated kidnapping, murder, or aggravated assault, you will have to serve at least 50% of your sentence, or 30 years (whichever is less) before you are parole eligible. Additionally, a judge cannot give you straight probation, although the jury can grant probation at trial.

While Texas has parole, it has been abolished in the federal system. Instead, the federal system recognizes supervised release, a period of court-ordered supervision that begins automatically after a federal inmate completes their prison term, rather than something an inmate becomes eligible for, like parole. Federal inmates can earn limited credit for good conduct, which generally allows them to serve around 85% of their sentence before release into this supervision period.

Experience in Federal and State Courts

Facing government investigations is always stressful, but that anxiety can be significantly reduced by working with competent counsel. At Amanda Hernandez Law, PLLC, our San Antonio federal criminal attorney is prepared to challenge evidence, whether it be in state or federal court. Attorney Hernandez has a thorough understanding of the Federal Rules of Criminal Procedure and the role they play in regulating the criminal process. Experience in both court systems allows her to develop strategic advocacy for each and every one of her clients.

Under Investigation? Contact Our San Antonio Federal Criminal Lawyer Today

If you are under investigation or have recently been accused of a crime, help is only a call away. At Amanda Hernandez Law, PLLC, we know the anxiety that you are currently facing. The best way to combat criminal charges is to obtain high-level representation. To schedule your consultation with our San Antonio federal criminal attorney, contact us online or by calling (210) 369-4040.