Is there a difference between state and federal court?

Yes, several. State courts have only the authority to handle crimes which are prohibited by their state laws. And only those crimes which occurred within their states and the smaller district divisions of the courts. For example, the First Judicial District Court in Caddo Parish can only handle cases where the crimes were committed in the State of Louisiana, and particularly only in the First Judicial District which encompasses the Parish of Caddo. State courts have no authority to handle federal crimes.
Federal courts have jurisdiction to handle only violations of federal law. Federal laws, because of some specific constitutional requirements, have limited jurisdiction over criminal acts that occurred in more than one state (i.e. drug trafficking across state lines) or which involve interstate commerce (i.e. wire fraud).

This is why some offenses which are crimes under state law are not crimes under federal law and why there are often additional interstate requirements for prosecutions in federal court.

Because some state and federal laws prohibit the same activity, you can sometimes be prosecuted in both state and federal court for the same (or very similar) conduct. For example, if you are charged with possession of controlled dangerous substances under state laws and, if the drugs were transported across state lines, you can be prosecuted under both state and federal law.

The double jeopardy clause in the Fifth Amendment of the United States Constitution states (in part): “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” however, because our system of government is one of dual sovereignty, we are citizens of the United States of America and also our State of residence. Each sovereign, the United States and the State of Louisiana, has the authority to prosecute the crimes committed within their jurisdiction, without being subject to double jeopardy restrictions for the actions of the other.

This means that if you are tried for a drug offense in state court and found not guilty, the State cannot retry your case again, but the federal court which has jurisdiction over that case can then prosecute you in the event that the circumstances of your arrest were in violation of a federal crime.

Court proceedings are also very different between state and federal court. In state court, you may have multiple court appearances while your case is pending. In federal court, you will make your initial appearance and most other proceedings, unless they are contested hearings, will be handled with conferences between the attorneys. Federal cases follow a strict scheduling order and tend to proceed more quickly than cases in state court tend to.

If you or someone you know is facing prosecution in state or federal court and you would like your questions answered, please call us to set up a consult: (318) 459-9111.