Most people in the Fargo and Moorhead area who face criminal charges will appear before the state courts of North Dakota or Minnesota.
As an example, almost all cases involving driving under the influence or simple drug possession are state court matters.
However, federal authorities also investigate and prosecute drug crimes, particularly those involving drug trafficking. When federal authorities are involved, they may pursue a criminal conviction in the federal courts of Minnesota or North Dakota.
Federal prosecutors also pursue other types of cases as well, including certain financial crimes and cases involving fraud on the federal government or political corruption.
In some ways, federal criminal cases are the same as criminal cases in state courts. However, there are many important differences:
- Federal law, and not state law, applies in federal criminal cases. Practically, this means a person might not have the same rights and defenses as they would in a case before a state court.
- On a related point, federal courts have different procedures and rules than do state courts. Many of these procedures can significantly affect a person’s life as well as their legal rights. For example, federal courts are prone to requiring that a person remain in custody until their trial with no possibility of bail.
- Possible punishments in federal court are different, and often more severe, than punishments for similar offenses handled in the state court. Likewise, the federal government has different rules for sentencing as well as different processes for what happens to a person after they receive a sentence.
- Federal investigators and prosecutors have a reputation for being thorough, well-supported and aggressive in their approach.
A person facing federal criminal charges should make sure to protect their rights
In short, a federal criminal case is very different from one in state court, even if the allegations seem similar.
A person should take any criminal charge seriously, but they should understand that federal cases are often more complex, and the stakes are often higher, than charges in state court.
Moreover, it is easy for a person with limited experience in federal court to make mistakes that can impact their chances of getting a good result in their cases.
Anyone in the greater Fargo area facing a federal investigation or charge should take prompt steps to protect their rights and legal options.