Is My Case Going to Be Federal, State or Both?
If you or a friend or family member was arrested in Tampa Bay, or agents have started asking questions, one of the first things to sort out is which system the case belongs to. Is my case going to be federal, state or both? Many people assume double jeopardy means only one government can bring charges. Under the dual sovereignty doctrine, though, Florida and the United States are separate sovereigns, so each can prosecute the same conduct under its own laws. A state case can be followed by a federal one, or the two can move forward at the same time.
The Justice Department does have an internal policy, often called the Petite policy, that limits federal prosecutions after a state case based on substantially the same acts. It is a policy, not a right a defendant can enforce, and it does not cover investigations. That is one reason early choices in a state case, including what is said to agents and how a plea is handled, can matter in federal court later. Attorney Ron Frey of The Frey Law Firm, LLC has over 20 years of experience handling cases in both Florida state courts and federal court. Call or text (813) 775-2276 for a free, confidential initial consultation by phone, video or in person.
How a Case Ends Up in Both State and Federal Court
Many investigations in Tampa Bay are not purely local or purely federal. Sheriff’s offices and police departments often work on joint task forces with federal agencies such as the FBI, DEA, ATF and Homeland Security Investigations. When officers from both levels work the same case, the evidence they gather can be used by state prosecutors, federal prosecutors or both. (See our page on federal agency investigations in Tampa.)
Overlap is most common in a few areas. Drug cases can be charged under Florida law or federal law, as our post on federal drug conspiracy charges in Tampa explains. Gun cases, fraud cases involving banks, wire transfers or federal programs, and internet crime cases can also fall under both sets of laws. For computer and online cases in particular, see Internet Crime Charges in Tampa Can Land in State or Federal Court.
A case can also change hands. Something that starts with a local arrest and a charge filed by the State Attorney may later be referred to the U.S. Attorney’s Office, or federal prosecutors may decide to bring their own charges while the state case is still open. In Hillsborough County, state cases are handled by the 13th Circuit State Attorney, and in Pinellas and Pasco by the 6th Circuit State Attorney. Federal cases from the area are generally prosecuted in the Middle District of Florida, at the Sam M. Gibbons U.S. Courthouse in downtown Tampa. Our post on who is prosecuting my case in Florida covers how those offices fit together.
Can the Two Cases Run at the Same Time?
Yes. The two cases can move forward side by side, or one can follow the other. The order does not decide whether the second case is allowed, because each government is enforcing its own laws. Our older post on double jeopardy and dual sovereignty covers the background.
In practice, state and federal prosecutors often talk to each other, and one office frequently takes the lead. Justice Department policy encourages federal prosecutors to consult their state counterparts early and look for a single forum when they can. That does not mean the other office will step aside, and nobody can promise how the two offices will handle a particular case.
When there are two cases, there are two sets of court dates, two sets of rules and two judges. Pretrial release, discovery and sentencing work differently in federal court than in Florida courts, and how any sentences in the two cases relate to each other can be handled in different ways. (See our posts on what happens after a federal arrest in Florida and the initial appearance in the Middle District of Florida.)
Why Early Decisions Matter
What happens in one case can follow a person into the other. A statement made to a local detective can end up in a federal agent’s report. A plea in state court, and anything said while entering it, may be used later in a federal case. That is why it helps to have a lawyer who looks at both systems from the start, before any plea is discussed.
If agents call or come to the door, the safest step is to politely decline to answer questions and speak with an attorney first. The same goes for phones, computers and other devices. Before agreeing to a search, handing over a device or giving up a passcode, speak with an attorney first. If you have received a letter from federal prosecutors, see our post on federal target letters in Florida.
Don’t Rely on the Internet or AI for Your Case
Online articles and AI chatbots can explain general ideas like dual sovereignty, but they do not know the facts of your case, which agencies are involved or how local prosecutors tend to work together. AI tools can also give answers that sound confident and still be wrong. Typing details of a case into a chatbot or a search engine is not private, and those words could be seen by others later. Use the internet for background, and bring your actual questions to a lawyer.
Questions People Ask About State and Federal Charges
Is my case state or federal?
It depends on which laws the charges are filed under and which prosecutor files them. A case brought by the State Attorney under Florida law is a state case, and a case brought by the U.S. Attorney’s Office under federal law is a federal case. If the case is still being investigated, the agencies involved and the type of conduct can offer clues, but the final call belongs to the prosecutors.
Can a case be both state and federal?
Yes. When the same conduct breaks both Florida law and federal law, each government can bring its own charges. In practice, one office often takes the lead, but that is a choice made by the prosecutors, not a rule.
Can you be charged federally and by the state for the same crime?
Yes, you can. The state and federal governments are separate sovereigns, so a charge in one court does not stop a charge in the other. The Justice Department has an internal policy that limits some federal cases after a state case, but it is a policy, not a protection a defendant can enforce.
Is it double jeopardy to be charged in state and federal court?
Generally, no. The Double Jeopardy Clause protects against being prosecuted twice by the same government for the same offense. Because Florida and the United States are different governments, a state case and a federal case for the same conduct are usually not considered double jeopardy. Our older post on double jeopardy and dual sovereignty explains the background.
How do I know if my case will go federal?
There is no way to know for certain ahead of time, but some signs point toward federal interest. Contact from federal agents such as the FBI, DEA, ATF or Homeland Security Investigations, a federal grand jury subpoena or a target letter usually means federal prosecutors are involved. Conduct that crosses state lines, involves federal programs or money, or is part of a joint task force case can also draw federal attention. If you have received a letter, see our post on federal target letters in Florida.
Can a state case be dropped and picked up by the feds?
Yes, that can happen. A state case may be dismissed while federal prosecutors file their own charges based on the same events, and sometimes the two cases overlap for a while. If a friend or family member’s state case suddenly changes direction, it is a good time to speak with an attorney.
Talk With Attorney Ron Frey
Every case is different. Whether a case stays in state court, goes federal or ends up in both depends on the facts, the agencies involved and the decisions prosecutors make along the way. Attorney Ron Frey of The Frey Law Firm, LLC handles cases in both Florida state courts and federal court, including federal offenses in the Middle District of Florida. If you or a friend or family member is facing charges or has been contacted by agents, reach out before talking to investigators.
Call or text (813) 775-2276 for a free, confidential initial consultation by phone, video or in person.