For those facing criminal charges in the Northern District of Georgia, the process is far different from what transpires in Georgia state criminal courts. People facing prosecution in an Atlanta-area federal courtroom might assume that any defense attorney can assist them.
However, the legal process in federal court is far different from the legal process at the state level. An attorney’s familiarity with federal proceedings can have a profound impact on a defendant’s chances of success.
Retaining the support of a state defense attorney for a federal case is a bit like hiring a small-engine mechanic to work on the diesel engine of a semi-truck. There may be overlapping knowledge, but the professional’s skills do not fully translate to the other situation.
What are the most important differences between state and federal criminal court?
The power gap
In state cases, local prosecutors rely on the state agencies and local police departments to gather evidence. Federal prosecutors have the bottomless resources of federal agencies, such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA). Assistant United States Attorneys (AUSAs) rarely indict people unless they feel confident of securing a conviction.
The much faster pace
The Northern District of Georgia is notorious for moving with aggressive speed. There are few procedural delays, and defense attorneys do not have the luxury of waiting to see what may happen next. An immediate response is necessary, as the trial is likely to move forward relatively quickly.
The increased penalties
Federal United States sentencing guidelines impose strict mandatory minimum sentences that judges do not have the discretion to bypass. Additionally, the federal penal system does not extend parole to those sentenced to incarceration. An attorney’s guidance may be the only thing protecting a federal defendant from a decade or more in prison.
The challenges of discovery
With federal investigators releasing huge quantities of information, the average defense attorney who handles primarily state cases may not have the resources to evaluate all of the prosecution’s evidence in a federal case. Defendants need support from professionals who can manage the overwhelming amount of information released during the discovery process.
Consulting with a federal criminal defense attorney familiar with the proceedings in the Northern District of Georgia can help those facing criminal charges. Immediate assistance from a professional can lead to the development of the best defense strategy possible.