Federal vs. State Charges in Miami

If you or a loved one has been arrested in Miami, the first and most critical question is often not what the charges are, but where they are being filed.

Most people assume that “court is court.” They believe that a trial in the Richard E. Gerstein Justice Building (state court) is basically the same as one in the Wilkie D. Ferguson Jr. U.S. Courthouse (federal court). This is a dangerous misconception.

The difference between state and federal court is not just about the building—it’s about two entirely different legal systems with different rules, timelines, and consequences. As both state and federal criminal defense attorneys, we handle both, and we know that a strategy that works in state court can be disastrous in federal court.

1. The Bond Process: “Entitlement” vs. “Detention”

State Court: In Florida, the law generally favors releasing the accused pending trial. For many standard offenses, there’s a set bond schedule—you pay a bondsman, and you go home. However, this is not guaranteed. For non-bondable offenses (such as capital crimes or felonies punishable by life imprisonment) or if you’re deemed a “danger to the community,” the State can move for Pretrial Detention.

Federal Court: In the federal system, the stakes are immediately higher. There is no standard bond schedule. The government frequently moves for detention at arraignment. Even when bond is theoretically possible, the defense may face a complex Nebbia Hearing.

A Nebbia requirement means prosecutors claim the bond money comes from illegal activity. You and your family must prove, through documents and testimony, that every dollar is legitimate. If you can’t, you remain in custody.

2. Discovery: The “Ambush” Factor

State Court: In Florida, the defense can take depositions. This allows defense attorneys to question witnesses—including police officers and victims—under oath before trial. It’s one of the most powerful discovery tools available to uncover inconsistencies early.

Federal Court: Federal criminal cases rarely permit depositions. Under the Jencks Act, the government doesn’t have to share witness statements until after those witnesses testify at trial. This often makes federal trials feel like an “ambush.”

3. Sentencing: Scoresheets vs. Guidelines

State Court: Florida uses a Criminal Punishment Code Scoresheet—a formula based on your charges and prior record. Judges often have more discretion to negotiate or depart from these scores.

Federal Court: Judges follow the Federal Sentencing Guidelines. Although technically “advisory,” they’re rigid and usually result in far harsher sentences. In federal court, judges can sentence you for conduct you weren’t convicted of if they find it part of the same “scheme or plan.”

4. The “Speedy Trial” Trap

State Court: Florida’s strict “Speedy Trial” rule requires trial within 175 days for felonies. If prosecutors miss the deadline, your case may be dismissed permanently.

Federal Court: The federal “Speedy Trial Act” exists but has countless exceptions. Many federal cases drag on for over a year while defendants sit in custody because judges routinely grant continuances that stop the clock.

Why You Need a Dual-System Attorney

Many capable Miami lawyers practice only in state court and may not be familiar with federal procedures like Nebbia proffers, Arthur Hearings, or sentencing guideline calculations. Federal practice demands specific experience, strategy, and negotiation skills.

If you’re facing federal charges—or a state case that could “go federal”—you need a defense lawyer who understands both systems. The Edelstein Firm knows how to navigate the aggressive tactics of the U.S. Attorney’s Office while protecting your rights and future.

Facing Charges in Miami? Let’s Talk.

Whether you’re in front of a judge at the Gerstein Building or under indictment at the Wilkie D. Ferguson Courthouse, don’t face it alone. We can review your case, explain your exposure, and develop a defense strategy tailored to your specific situation.

CALL US NOW for a CONFIDENTIAL INITIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of inquiries we receive, providing specific details about your case helps us respond promptly and appropriately.

THERE ARE THOUSANDS OF LAW FIRMS AND ATTORNEYS IN SOUTH FLORIDA. ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A CRIMINAL DEFENSE ATTORNEY FOR YOUR MIAMI-DADE COUNTY CASE.