What is the difference between federal and state criminal proceedings?

Federal and state criminal proceedings differ in many ways. Federal criminal proceedings are handled by federal courts and the criminal laws that apply are those enacted by Congress. Federal criminal laws are found in the United States Code and are generally more serious than state criminal laws. In Washington, state criminal proceedings are handled by state courts and the criminal laws that apply come from the state’s constitution and statutes. State criminal laws are generally less serious than federal criminal laws. In federal criminal proceedings, the United States Attorney is responsible for prosecuting the case on behalf of the government. The defendant has the right to a lawyer, and the government is required to prove the defendant’s guilt beyond a reasonable doubt. The prosecution must also prove that the facts alleged are true. In state criminal proceedings, the prosecuting authority is the state’s attorney. The defendant has the same right to a lawyer, and the prosecution must prove the defendant’s guilt beyond a reasonable doubt. However, the prosecution is not required to prove that the facts alleged are true. Both federal and state criminal proceedings share the same basic elements, such as the right to a defense attorney, the right to a trial by a jury of one’s peers, and the presumption of innocence until proven guilty. The difference is that in federal criminal proceedings the prosecution must prove that the facts alleged are true and in state criminal proceedings the prosecution does not have to do so.

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