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federal crimes are different from State
crimes in three primary ways the first
one would be What’s called the federal
sentencing guidelines sentences in the
federal system are controlled by the
federal sentencing guidelines which have
very little ability for someone charged
with a crime to get probation and
they’re very harsh guidelines for what a
judge should use to impose a sentence
they’re not mandatory but they’re used
as a guidepost for federal judges in
sentencing the second area that’s very
very different is how bail is arranged
in fed in the federal system in the
federal system you are arrested and
there is not a money bail associated
with your case until you have what’s
called A detention hearing and that
detention hearing happens usually within
about a week of when you’ve been
arrested so a person will be arrested
for a federal case and usually appear in
court within a couple of days but then
the bail hearing will be spent three to
five days down the road from there and
that’s where a judge determines either a
person gets out or they stay detained
pending resolution of the case either a
trial or a plea agreement and the third
area is the amount of resources that the
federal government has
states have budgets and restrictions on
the amount of funds they can spend on
law enforcement the federal government
doesn’t have that they have unlimited
resources they have very large
prosecutorial offices they have the FBI
the ATF Homeland Security
enormous bureaucracies and agencies that
prosecute the cases so when you’re up
against the federal government their
cases are very very well prepared
because they have so many resources
Denver, CO criminal defense attorney David Lindsey talks how federal crimes are different from state crimes in CO. He explains that federal crimes differ from state crimes in three significant ways. Firstly, the federal sentencing guidelines dictate sentences in the federal system, offering limited opportunities for probation and imposing strict guidelines for judges when determining sentences. While not mandatory, these guidelines serve as a reference point for federal judges. Secondly, the process of arranging bail in the federal system is distinct. Upon arrest, no monetary bail is immediately set. Instead, a detention hearing takes place, usually within a week of the arrest, where a judge decides whether the individual should be released or remain detained until the case is resolved through trial or a plea agreement. Lastly, the federal government possesses substantial resources unlike state governments. With ample funding, extensive prosecutorial offices, and agencies such as the FBI, ATF, and Homeland Security, federal cases are meticulously prepared due to the vast resources available to the government.