Denver, CO criminal defense attorney David Lindsey talks how federal crimes are different from state crimes in CO. He points out that federal crimes differ from state crimes in three significant ways.
First, federal sentencing is governed by the federal sentencing guidelines, which are strict and leave little room for probation. While not mandatory, these guidelines serve as a strong reference point for judges and often result in harsher sentences compared to state courts.
Second, the process for bail is entirely different. In the federal system, there is no immediate money bail. Instead, after an arrest, a defendant typically appears in court within a couple of days, followed by a detention hearing about three to five days later. At that hearing, a judge decides whether the individual is released or remains detained until the case is resolved, either through trial or a plea agreement.
Third, he highlights the sheer resources available to the federal government. Unlike states, which operate under tighter budgets and restrictions, the federal government has virtually unlimited means, supported by large prosecutorial offices and agencies such as the FBI, ATF, and Homeland Security. This extensive backing means federal cases are often exceptionally well-prepared, creating a formidable challenge for the defense.