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State Versus Federal Crimes: What’s the Difference?
Criminal charges fall into two categories: State Crimes and Federal Crimes.
- State crimes are violations of Texas state laws and are prosecuted by local district attorneys. Common state charges include DWI, theft, assault, and drug possession.
- Federal crimes involve violations of U.S. federal laws or offenses that cross state lines, occur on federal property, involve federal officers, or affect interstate commerce. Federal crimes are prosecuted by Assistant U.S. Attorneys with vast resources and heard by federal judges who adhere to stricter sentencing guidelines. Federal prosecutors also typically have lighter caseloads than their state counterparts, allowing them to devote more time and attention to each case. This makes it even more important to hire a defense attorney with experience handling these complex cases. Federal crimes often include drug trafficking, fraud, and immigration violations. Convictions usually carry harsher mandatory minimum sentences, with limited parole options.
Federal and State Charges We Handle
Our Texas criminal defense practice handles all federal and state offenses, including:
Our Proven Track Record in Criminal Defense
Dr. Louis Patino has successfully represented clients in both state and federal courts throughout Texas. His experience includes:
When clients face excessive bail amounts that effectively keep them in custody, Dr. Patino has successfully argued for substantial reductions. In one recent case, he secured a bail reduction from $100,000 to a $15,000 cash/surety bond for a client facing serious theft charges. This allowed the client to be released from custody while awaiting trial.
Dr. Patino has extensive experience with habeas corpus motions. These motions demand a court evaluate the lawfulness of a person’s detention, and successful representation can lead to a person’s release from custody when their imprisonment violates constitutional rights. In several cases, these motions resulted in clients being immediately released from custody.
When errors occur in court proceedings, Dr. Patino has successfully used motions for judgment to correct these mistakes. For example, in a criminal forfeiture case, we secured the return of over $17,000 and a vehicle to a client and later corrected a clerical error in the judgment that incorrectly stated the amount returned.
Dr. Patino has helped numerous clients obtain expunctions, which remove arrests and charges from a person’s record. This gives clients a fresh start without their criminal history affecting employment, housing, and other opportunities.
From securing favorable deferred probation sentences (such as five years deferred probation with minimal fines in place of imprisonment) to successfully fighting motions to revoke probation, Dr. Patino works tirelessly to keep clients out of jail and on track to completing their probation terms successfully.
Dr. Patino has defended clients against complex white-collar charges, including fraud and money laundering, which involve an intricate understanding of evidence and regulatory issues.
The Federal Court Process: What to Expect
The federal criminal process differs significantly from state proceedings. Here’s what you can expect:
Federal cases often begin with lengthy investigations by agencies like the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Internal Revenue Service (IRS), or Homeland Security. You might not even realize you’re under investigation until it’s well underway.
Federal charges typically involve a complaint (followed by a preliminary hearing) or an indictment from a grand jury. Once charges are approved, federal agents may execute an arrest warrant.
Within 24-48 hours of arrest, you’ll appear before a federal magistrate judge who will inform you of the charges and determine if you’ll be detained or released pending trial.
At your arraignment, you’ll enter a plea of guilty or not guilty to the charges against you.
Your attorney will receive evidence from the prosecution and may file motions to suppress evidence or dismiss charges. This is a lengthy process, but the outcomes of these pre-trial motions can significantly affect how your case plays out.
Most federal cases are resolved through plea agreements rather than trials. Your attorney will negotiate with prosecutors to secure the most favorable terms possible.
If your case proceeds to trial, a jury of twelve will determine your guilt or innocence. Federal trials — like their state counterpart — are formal proceedings with strict rules of evidence and procedure.
If convicted, you’ll return to court for sentencing, where the judge will consider the sentencing guidelines, any mandatory minimums, and arguments from both sides.
Why You Need an Experienced Criminal Defense Attorney
Federal cases are notoriously complex, and the penalties are severe. Without skilled legal representation, you risk facing the maximum penalties, including lengthy prison sentences, hefty fines, and a permanent criminal record. Here’s how we can help:
- Protect your rights: We ensure law enforcement and prosecutors follow the law during investigations and proceedings.
- Build a strong defense: We analyze the evidence, challenge improper procedures, and identify weaknesses in the prosecution’s case.
- Negotiate plea deals: If a trial isn’t in your best interest, we’ll work to secure a favorable plea agreement.
- Guide you through the process: We explain every step of the process and fight to achieve the best possible outcome.
Federal Criminal Penalties
Federal criminal penalties are typically more severe than their state counterparts, with lengthy prison sentences and substantial fines on the table.
Federal sentencing follows the United States Sentencing Guidelines, which provide a complex framework that judges use to determine the appropriate punishment.
Many federal crimes carry mandatory minimum sentences, meaning that judges have limited discretion to reduce your sentence below a certain threshold. For example:
Drug trafficking offenses can carry 5, 10, or even 20-year mandatory minimums (21 U.S.C. § 841 – U.S. Code).
Some firearms offenses carry 5-30-year mandatory minimums (18 U.S.C. § 924 – U.S. Code).
Unlike the state system, the federal prison system offers limited opportunities for parole. In most cases, you’ll serve at least 85% of your sentence before release is possible. Even then, being eligible for parole does not guarantee you’ll be granted an early release.
Locations We Serve
Our Texas accident attorney has successfully recovered maximum compensation for injured individuals and their families all over the state, from the Rio Grande Valley to the Permian Basin.
Rio Grande Valley
Greater San Antonio
Permian Basin
Frequently Asked Questions about Federal and State Crimes
You might learn about a federal investigation through:
- Federal agents attempting to interview you or associates
- Receipt of a target letter from the U.S. Attorney’s Office
- Service of a grand jury subpoena
- Execution of a search warrant at your home or business
Sometimes, you won’t know until you’re formally charged. That’s why it’s crucial to contact an attorney at the first sign of federal interest in your activities.
A target letter is a formal notification from the U.S. Attorney’s Office that you’re the target of a federal investigation. It typically indicates prosecutors believe you’ve violated federal law and are likely to be charged.
Never ignore a target letter. Contact an experienced federal criminal defense attorney immediately. The letter often includes an invitation to discuss the matter with prosecutors, but you should only do this with proper legal representation.
Absolutely not. An arrest simply means a judge found probable cause that you may have committed a crime. This is a much lower standard than “beyond a reasonable doubt” — the criminal standard required for a conviction. You are innocent until proven guilty, and many people arrested never end up being convicted, especially when they have skilled legal representation.
If you suspect you’re under investigation, or if federal agents want to speak with you, you should consult with an attorney immediately. Early intervention can sometimes prevent charges from being filed altogether.
No. Even if agents assure you “this isn’t about you” or that you’re “just a witness,” never speak with them without an attorney present. Statements you make can be used against you, even if you believe you’ve done nothing wrong. Politely decline and contact a federal criminal defense attorney right away.
Whether your case goes to trial depends on several factors, including the strength of the evidence, potential defenses, and the plea offers made by prosecutors. Most federal cases are resolved through plea agreements, but the decision to go to trial is ultimately yours. Your attorney will always advise you on the risks and potential outcomes of each option.
Plea bargains can be beneficial, but only if the terms are favorable. Any plea offer must be carefully evaluated with your attorney. Factors to consider include:
- The strength of the government’s case
- Potential sentences if convicted at trial
- The terms of the plea agreement
- Collateral consequences of a guilty plea.
You should never accept a plea offer without consulting a criminal defense attorney.
The federal system rarely uses monetary bail. Instead, at your initial appearance, a magistrate judge will decide whether to:
- Release you on your own recognizance (ROR)
- Release you with conditions (such as electronic monitoring or travel restrictions)
- Detain you pending trial,
This decision is based on whether you pose a flight risk or danger to the community. Unlike state court, where posting a bond amount is common, the federal system focuses more on conditions of release rather than financial guarantees.
In state courts, bail is typically set shortly after arrest by a magistrate judge based on the alleged crime and your criminal history. Dr. Patino has successfully argued for significant bail reductions, in some cases securing up to 85% reductions in bail amounts, allowing clients to be released while their cases proceed.
Unlike personal injury cases where attorneys work on contingency (where you won’t pay legal fees until you win), criminal defense attorneys typically charge flat fees or hourly rates. At Patino Law Firm, we generally charge a flat rate for everything except trial, with a separate trial fee only owed if your case actually goes to trial.
We offer a free, no-obligation case review to discuss your situation and how we can help. We will be upfront about the costs you can expect to pay so you can weigh your options and proceed with confidence — without the fear of being blindsided later on.
We recommend hiring a criminal defense attorney as soon as possible. The sooner you have legal representation, the better your chances of a favorable outcome. Early intervention allows your attorney to:
- Protect your rights during questioning
- Begin building your defense while the evidence is fresh
- Potentially negotiate with prosecutors before charges are filed
- Guide you through the complex federal system.






