What Makes a Case “Federal” Instead of State in Shreveport—and Why That Difference Matters

If you are facing a civil or criminal investigation in Shreveport, one of the key details you need to discern as quickly as possible is whether the investigation involves state or federal authorities. State and federal law enforcement proceedings are very different, and whether you are facing scrutiny from state or federal authorities will play a major role in your defense. Learn more from experienced Shreveport federal criminal defense lawyer Lee Harville.

How to Know if You Are Facing a Federal Investigation

Several factors can indicate whether a law enforcement investigation is taking place at the state or federal level. Here are three key signs that you are the subject or target of a federal investigation:

1. The Manner in Which You Were Contacted

The first key sign is the manner in which you were contacted. If you were pulled over while driving, or local police stopped you or knocked on your door, these are indicative of a state case. On the other hand, if you received a target letter, if you received a grand jury subpoena, or if law enforcement agents raided your home or office, these are signs that you could be at risk of facing serious federal charges.

2. The Law Enforcement Agency (or Agencies) Involved

The second key factor is the law enforcement agency (or agencies) involved. If you had an interaction with state or local police, this means that you are potentially looking at facing charges under Louisiana law. Likewise, if the Louisiana Attorney General’s Office sent a letter to your office, this is also a state inquiry.

In contrast, the following are all federal law enforcement agencies:

• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• Department of Homeland Security (DHS)
• Department of Justice (DOJ)
• Drug Enforcement Administration (DEA)
• Federal Bureau of Investigation (FBI)
• Internal Revenue Service Criminal Investigation (IRS CI)
• U.S. Marshals Service (USMS)

This list is not exhaustive. If you aren’t sure whether an agency is state or federal, you can look up the agency online—or you can contact a Shreveport federal criminal defense lawyer for advice. In any case, if you are at risk of facing criminal charges, it will be important to discuss your situation with an experienced defense lawyer as soon as possible.

3. The Nature of the Allegations Against You

The third key factor is the nature of the allegations against you. While there is significant overlap between state and federal law, certain crimes are investigated and prosecuted at the state level, while federal prosecutors focus on other cases. For example, the following cases are often (but not always) federal in nature:

• Bank fraud
• Child pornography
• Healthcare fraud
• Securities fraud
• Serious drug crimes
• Serious weapons offenses
• Other serious felonies

Here too, this list is not exhaustive. When facing a law enforcement investigation, it is critical not to make any assumptions about the allegations or authorities involved. Once you hire an experienced federal criminal defense lawyer to represent you, your lawyer will be able to assess the circumstances of your case and then advise you accordingly.  

Can Federal Authorities Take Over a State Investigation?

In some cases, a law enforcement investigation can begin at the state level and then be taken over by federal authorities. This can happen if the state lacks the resources or capacity to handle the case effectively, or if state investigators uncover evidence of federal crimes.

As a result, even if you are currently facing a state case, you should not assume that your case will remain at the state level. Additionally, while federal cases tend to be more serious than state cases overall, state charges can still lead to substantial fines, long-term imprisonment, and other life-altering consequences. This means that you need to take your case seriously, regardless of the current circumstances.

Can an Investigation Lead to State and Federal Charges?

Facing state charges does not necessarily preclude a federal law enforcement investigation, nor does facing federal charges necessarily prevent state prosecutors from seeking a conviction in state court. This means that an investigation can lead to criminal charges at the state and federal levels. While this is relatively uncommon, it does happen, and this is not a risk that you can afford to ignore.

What Are the Implications of Facing a Federal Case (as Opposed to a State Case)?

There are several important differences between facing a federal investigation and facing prosecution at the state level. Some of the main implications of facing a federal case (as opposed to a state case) in Shreveport include:   

• The Federal Government’s Resources – The federal government has substantially more resources at its disposal than Louisiana’s state law enforcement agencies. This makes it essential to engage a law firm with the capabilities to represent you (or your business) effectively.
• The Federal Criminal Justice Process – The federal criminal justice process and the state criminal justice process in Louisiana are very different. This also makes it essential to have a defense firm with relevant experience on your side.  
• The Federal Sentencing Guidelines – In federal cases, judges impose penalties in accordance with the Federal Sentencing Guidelines. The Federal Sentencing Guidelines are extremely complex, and they can impose harsh sentences in many cases.

Again, these are just examples. If you are concerned that you may be the subject or target of a federal investigation, it is imperative that you discuss your case with an experienced federal criminal defense lawyer promptly. Federal cases can move quickly, and in many cases, by the time a subject or target learns the federal government is investigating, the investigation is already well underway.

Request a Confidential Consultation with Shreveport Federal Criminal Defense Lawyer Lee Harville

If you need to speak with a federal criminal defense lawyer in Shreveport, we encourage you to contact us promptly. Call 318-222-1700 or contact us online to request a confidential consultation today.