There is a significant difference between practicing criminal law in the federal court system than in the Virginia court system. A thorough knowledge of federal practice is important in the selection of an attorney for any individual charged with a federal crime.
While the rules of evidence are similar there are important differences such as the government's ability to introduce 404(b) evidence of similar uncharged behavior in a case against you, 405 character evidence, rules of impeachment, etc. These differences can be important in deciding whether or not to take a matter to trial. In federal court all sentences are imposed by a judge. In Virginia sentences are imposed by the jury when a defendant is found guilty.
Sentencing in federal court is highly governed by the Federal Sentencing Guidelines which can reflect not only the individual charge but such variables as the role of the defendant in the crime, cooperation with the government and acceptance of responsibility. While the guidelines are no longer mandatory since Booker they remain a major factor in the court's sentencing decisions. A thorough knowledge of the guidelines is important when evaluating options available to an individual charged with a crime. Choices made by a defendant can effect the calculation of the guidelines, both up and down, and affect a significant difference in sentencing.
Minimum mandatory sentences are more prevalent in the federal justice system than in state court. The federal criminal code imposes severe mandatory sentences on what could be relatively small offenses in state court. This is especially prevalent in drug charges.
Options made by a defendant, whether to go to trial or negotiate a plea agreement, can have a major effect on the outcome for a defendant. Options available to a defendant can affect the guidelines and even the imposition of mandatory sentences.
