Felonies and Misdemeanors: Are There the Same Levels of Crimes in Federal Court and State Court?

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: For federal crimes, are there your traditional felonies and misdemeanors or do they have a different classification of charges that differ from state crimes?

Acacia Law: Yes, in federal court there are misdemeanors and there are also felonies. So, they do distinguish between the two and it very similar to what you see in most states, with that six months incarceration being the cutoff between the felony and a misdemeanor.

Will You Face More Severe Consequences if You Are Prosecuted Federally?

Interviewer: So what really makes a significant difference with someone being charged federally or by the state? Are the consequences more severe if they're being charged federally?

In Federal Court, the Prosecutor Must Supply You With Information About Their Witnesses That May Discredit Their Testimony

Acacia Law: It can be. I mentioned before there's the one aspect about the disclosure information. In federal court you're entitled to what's called "Brady material" and that's from an old Supreme Court case called "Brady".

It's also called "Giglio material". Those are two US Supreme Court cases, in which basically the government has to give you information that may clear you or information as to whether or not one of the government's witnesses has a reputation for lying or a character flaw similar that.

State Versus Federal Court: In Arizona State Court, You Are Permitted to Interview the State’s Witnesses, Except for the Victim, Before the Trial

In state court in Arizona, you're allowed to interview the state's witnesses except the victim before a trial. However, in federal court, you're not permitted to interview witnesses.

In Federal Cases, Your Attorney Will Need to Hire an Investigator to Uncover Information for the Defense

Interviewer: If you cannot interview witnesses who will be testifying against your client, then how are you supposed to do discovery and find out items to help defend your client?

Acacia Law: You need to have a good investigator.

Interviewer: So, you have to pay money to hire an investigator to go find information?

Acacia Law: That's correct. You'll get some information from the federal prosecutor. They will usually give you some police reports and things of that nature but by no means do you get everything in their possession.