When facing criminal charges, one of the first questions you might have is: “Will my case be in state or federal court?” The answer matters a lot. The court systems handling your case determine the rules, procedures, possible penalties, and even how prosecutors and judges approach your case. Understanding the differences between federal court vs. state court can help you navigate this difficult time with clarity.

In this blog, our criminal defense lawyers explain the differences between Alabama’s state and federal courts. Whether facing charges for the first time or supporting a loved one through a difficult situation, this guide will help you understand what to expect and how to protect your future.

State Court in Alabama: The Most Common Venue for Criminal Cases

State courts handle most criminal cases in Alabama. If you’re facing charges for a crime that violates Alabama law, your case will likely be in state court, which handles offenses like:

• DUI
• Assault
• Theft and burglary
• Drug possession
• Domestic violence
• Arson
• Rape
• Murder
• Kidnapping

How State Courts Work

State criminal cases usually begin in a local district court. The process follows these general steps:

1. Arrest and Charges – The police make an arrest, and the district attorney (DA) decides what charges to file.
2. Initial Appearance and Bail Hearing – A judge decides whether to release you before trial and sets the bail amount.
3. Pretrial Proceedings – Your criminal defense attorney and the prosecutor exchange evidence, negotiate possible plea deals, and file motions to challenge evidence.
4. Trial (if necessary) – If you don’t reach a plea deal, the court will hear your case before a judge or jury.
5. Sentencing (if convicted) – The judge determines the penalty in most cases based on Alabama’s sentencing guidelines. If you take a plea agreement, then the Court usually follows that agreement, but in some cases the judge can deviate from the guidelines or the agreement.

One significant advantage of state court is that penalties are generally less severe than in federal court. State judges and prosecutors may also have more flexibility in offering plea deals.

State Court Structure

• District Courts – District Court is the lowest court at the state level. These courts handle preliminary hearings, pretrial hearings, plea negotiations, bench trials, and usually there is limited discovery exchanged to obtain more information about the crime you are charged with.District Courts are where most legal proceedings begin, and they play a crucial role in the state court system.
• Trial Courts or Circuit Court – The trial courts or Circuit Court is the next level to State court. They are responsible for hearing cases involving state laws, including criminal cases, civil disputes, and family law matters. Circuit Courts are where you can have a jury trial decide the outcome.
• Appellate Courts – Above the Trial Courts are the Appellate Courts, which review cases appealed from in Circuit Court. These courts do not conduct new trials but instead review the legal procedures and decisions made in the lower courts. Appellate Courts serve as an important check on the judicial process, guaranteeing fairness and adherence to the law.
• Supreme Court – The Supreme Court is the highest court in the state. It interprets state laws and regulations and has the final say on legal disputes within the state. Each state’s Supreme Court has the authority to review cases from the Appellate Courts and make binding decisions on critical legal issues.

State courts have broad jurisdiction, covering almost all cases except those specifically reserved for federal courts. State courts have the authority to interpret and apply state laws, making them a critical component of the state’s legal system.

Federal Court in Alabama: When Cases Go Beyond State Law

Federal court is different. Crimes that break U.S. laws or involve federal agencies are reserved for federal court. If you’re facing federal charges, your case may involve:

• Drug trafficking (large-scale or crossing state lines)
• White-collar crimes (fraud, embezzlement, money laundering)
• Firearms offenses (illegal gun sales, felon in possession of a firearm)
• Child pornography charges
• Conspiracy or organized crime
• Crimes against federal agencies (mail fraud, tax fraud, counterfeiting)
• Treason
• Cybercrime (identity theft, phishing, ransomware)
• Violations of civil rights (discrimination, harassment, and abuse that violate civil rights laws)
• Terrorism

How Federal Courts Work

Federal criminal cases follow a stricter process with fewer plea deal opportunities. The steps include:

1. Investigation and Indictment – Federal agencies like the FBI, DEA, or ATF investigate before presenting evidence to a grand jury.
2. Arrest and Initial Hearing – You’ll appear before a federal judge after indictment.
3. Pretrial Motions and Discovery – Your federal criminal defense lawyer will challenge the government’s case and prepare for trial.
4. Trial (if no plea agreement) – The court holds a jury trial in U.S. District Court.
5. Sentencing – Federal sentencing guidelines apply if convicted, often leading to harsher penalties than in state court.

Federal Court Structure

• District Courts – The federal court system’s base is the District Courts, which serve as the federal trial courts. There are 94 District Courts across the United States, including territories like Guam and Puerto Rico. These courts handle various cases, from federal crimes to civil disputes involving federal laws.
• Courts of Appeals – Above the District Courts are the Courts of Appeals, also known as Circuit Courts. There are 13 circuits, each responsible for reviewing cases appealed from the District Courts within their jurisdiction. These courts do not conduct trials but rather review the application of the law to confirm compliance with legal procedures.
• Supreme Court – At the top of the federal court hierarchy is the Supreme Court, the highest court in the United States. Composed of nine Supreme Court Justices, the Supreme Court reviews cases that have significant constitutional implications or have been appealed by the Courts of Appeals. The decisions made by the Supreme Court are final and binding across the country.

Federal courts have limited jurisdiction, meaning they can only hear cases authorized by the U.S. Constitution or federal statutes. Common cases heard in federal courts include those involving federal laws and regulations, interstate commerce, and constitutional issues.

The High Stakes of Federal Charges

Federal prosecutors have more resources, and conviction rates are high. Sentences are usually longer, with mandatory minimums. In some cases, appeals can reach the United States Supreme Court, the highest court in the land.

You need a criminal defense attorney with federal court experience if you’re facing federal charges.

Why the Court Matters for Your Defense

The most significant differences between state and federal courts come down to:

• Who’s prosecuting you – The local DA handles state cases while U.S. Attorneys prosecute federal cases.
• Punishment – Federal cases often come with longer sentences and less flexibility.
• Investigation – Federal agencies thoroughly investigate federal cases before filing charges, making them harder to fight.
• Judges and Rules – Federal judges follow strict sentencing guidelines, while state judges may have more discretion.

Why Experience in Both Courts Matters

Attorney Wakisha Hazzard isn’t just any criminal defense lawyer. She has experience in both sides of the law. She worked alongside prosecutors, served as a special judge, and handled complex state and federal cases.

Her relationships with judges and prosecutors give her an edge in negotiations, whether in state or federal court. When your future is at stake, trust an experience that goes beyond the ordinary.

Facing Criminal Charges? Navigate the Legal Hazards with The Hazzard Law Firm

Have you been charged with a crime in Alabama? Don’t wait to get the defense you need. Whether you’re facing charges in federal and state courts, the right attorney can make all the difference.

At The Hazzard Law Firm, LLC, we believe a single moment shouldn’t define your future. Attorney Wakisha Hazzard has stood on both sides of the courtroom, working as a public defender, sitting as a special judge, and handling countless criminal cases. She knows how these courts operate and how to build a strong defense no matter where your case lands.

Call us today at (205) 521-7378(205) 521-7378 or fill out our online form to schedule a free case evaluation with our case evaluator.

Copyright © 2025. The Hazzard Law Firm, LLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

The Hazzard Law Firm, LLC
505 20th St North, Suite 1125
Birmingham, AL 35203
(205) 521-7378(205) 521-7378
https://www.hazzardfirm.com/