Federal Criminal Charges in Pennsylvania: What Makes a Case Go Federal?
If you've been charged with a crime in Pennsylvania, your case will usually be handled in state court. But in some situations, the federal government — not the state — steps in and takes over. When that happens, you're facing federal criminal charges, which often involve harsher penalties, stricter procedures, and aggressive U.S. prosecutors.
Mark D. Hauser
7/29/20252 min read
With over 30 years of experience as a criminal defense attorney, I’ve defended clients in both state and federal courts, including in the Eastern District of Pennsylvania. If you’ve been charged or are under investigation federally, here’s what you need to know.
🔹 What Makes a Case “Federal”?
A criminal case becomes federal if the alleged crime:
Crosses state lines (e.g., trafficking drugs or firearms across borders)
Involves federal property (e.g., robbing a post office or defrauding the IRS)
Violates federal law, not just state law
Is investigated by federal agencies like the FBI, DEA, ATF, or Secret Service
Involves large-scale conspiracy or organized crime
Some crimes — like drug trafficking or gun violations — can be charged in either state or federal court. Prosecutors often choose federal court when the case is complex or high-profile.
🔹 Common Federal Crimes
Some examples of crimes frequently charged in federal court include:
Drug trafficking (especially across state lines or involving large quantities)
Bank fraud, wire fraud, and mail fraud
Child pornography and internet sex crimes
Federal gun violations
Immigration crimes
White-collar crimes (e.g., embezzlement, healthcare fraud)
Terrorism-related charges
🔹 How Federal Court Is Different from State Court
Federal criminal cases follow a different process and present unique challenges:
Prosecuted by Assistant U.S. Attorneys (not local DAs)
Investigated by federal law enforcement (FBI, DEA, ATF, etc.)
Heard in U.S. District Court
Federal sentencing guidelines apply, which can be severe
Less opportunity for diversion, probation, or leniency
Federal convictions often carry mandatory minimum sentences — meaning the judge can’t reduce your sentence below a certain number of years, even if you’re a first-time offender.
🔹 How a Defense Attorney Can Help in Federal Cases
If you’re being investigated or charged in federal court, you need a lawyer who understands:
✅ Federal statutes and sentencing guidelines
✅ How to negotiate with U.S. Attorneys
✅ What defenses work best in federal cases
✅ How to protect your rights during pretrial investigations
✅ How to challenge evidence gathered by federal agents
This is not the time to go it alone or assume the case will work like state court — federal prosecutors have significant resources and experience.
Don’t Wait to Respond to a Federal Investigation
If the FBI, DEA, or any other federal agency contacts you, do not speak to them without a lawyer present. Even casual conversations can be used against you later.
📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.