The courthouse is the same downtown. Everything inside it is different. Brian Foley and Luis Baez explain the differences that matter in this video.
1. Who investigates
State: a patrol officer or detective, often reacting to a call. Federal: the FBI, DEA, HSI, ATF, IRS-CI, or Postal Inspectors, often after months of surveillance, wiretaps, subpoenas, and cooperating witnesses. By the time you know about a federal case, the government usually knows everything.
2. How charges are filed
State: an officer calls DA intake and a charge is accepted in minutes. Federal: a grand jury indictment after an Assistant U.S. Attorney has reviewed the case — or a criminal complaint followed by indictment within 30 days.
3. Bond vs. detention
State: a bond schedule and a magistrate, usually out within a day. Federal: a detention hearing under the Bail Reform Act, with a presumption of detention for most drug, gun, and child-exploitation charges.
4. Discovery
State: Texas's Michael Morton Act requires broad, early disclosure. Federal: Rule 16 and Brady/Jencks — narrower, and witness statements often arrive only before trial.
5. Sentencing
State: a statutory range (2–10, 2–20) and a judge or jury choosing within it, with probation widely available. Federal: the U.S. Sentencing Guidelines produce a narrow range from the offense level and criminal history, mandatory minimums apply to many drug and gun offenses, and probation is rare.
6. Parole
State: most Texas prisoners are parole-eligible after a fraction of the sentence. Federal: parole was abolished in 1987. You serve roughly 85% of the sentence.
7. Plea rates
State: high, but with real trial risk for the State in weak cases. Federal: roughly 97% plead, because the Guidelines penalize going to trial and reward acceptance of responsibility and cooperation.
8. The lawyer
State-court experience does not transfer automatically. Federal defense turns on Guidelines math, detention-hearing preparation, cooperation decisions, and sentencing advocacy — a different skill set. See our federal criminal attorney page or call or text (713) 703-1718.