Attorney: Roy Kahn
Law Firm: Roy J. Kahn, P.A.
Phone: 305-358-7400
Email: rjk@roykahnlaw.com
Experience: Serving clients since 1985 | Board Certified in Criminal Trial Law
Florida residents are often surprised to learn that what begins as a local criminal investigation can quickly become a federal case. The difference between facing charges in state court versus federal court can dramatically impact the investigation, potential penalties, available defenses, and even the resources used by prosecutors. Understanding when a state criminal case becomes a federal investigation is essential for protecting your rights and preparing an effective defense.
For more than 40 years, Roy Kahn of Roy J. Kahn, P.A. has represented clients facing serious criminal allegations throughout South Florida. His experience handling complex criminal matters—including white-collar crimes, narcotics offenses, tax-related investigations, healthcare fraud, and federal criminal cases—allows him to guide clients through some of the most challenging legal situations they may ever encounter.
Table of Contents
- Understanding State vs. Federal Criminal Cases
- When Does a Federal Investigation Begin?
- How Federal Criminal Cases Are Different
- Protecting Your Rights During a Federal Investigation
Most criminal offenses begin at the local or state level. Crimes such as DUI, simple assault, theft, burglary, domestic violence, and many drug possession cases are typically prosecuted by the State Attorney’s Office under Florida law.
Federal criminal cases, however, involve violations of United States law or crimes that fall under federal jurisdiction. These investigations are prosecuted by the United States Attorney’s Office and often involve agencies such as:
- Federal Bureau of Investigation (FBI)
- Drug Enforcement Administration (DEA)
- Internal Revenue Service Criminal Investigation (IRS-CI)
- Homeland Security Investigations (HSI)
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
- United States Secret Service
Federal jurisdiction generally arises when criminal conduct crosses state lines, affects interstate commerce, involves federal property, federal agencies, or violates federal statutes.
Examples include:
- Wire fraud
- Healthcare fraud
- Tax evasion
- Bank fraud
- Drug trafficking organizations
- Money laundering
- Public corruption
- Large-scale identity theft
- International extradition matters
Unlike many state investigations, federal agencies often spend months—or even years—building their cases before an arrest is ever made.
A criminal investigation may move from state court into federal jurisdiction for several reasons.
One of the most common triggers is interstate activity. If investigators discover that communications, financial transactions, or criminal conduct crossed state lines, federal prosecutors may become involved.
For example, a local fraud investigation can become a federal wire fraud case if electronic communications were used across state lines. Likewise, a narcotics investigation may become a federal drug trafficking prosecution when large quantities of controlled substances are transported through multiple states.
Federal investigations also frequently involve:
- Grand Jury subpoenas
- Search warrants
- Financial record analysis
- Electronic communications
- Digital forensic evidence
- Multiple cooperating witnesses
Under 18 U.S.C. § 3231, federal courts have original jurisdiction over offenses against the laws of the United States.
If you receive a subpoena, target letter, or request for an interview from a federal agency, it is critical to consult an experienced criminal defense attorney before speaking with investigators.
Federal criminal cases differ significantly from state prosecutions.
Federal prosecutors typically file charges only after conducting extensive investigations supported by substantial evidence. Because federal agencies possess significant investigative resources, conviction rates in federal court are generally higher than in state court.
Federal sentencing is also governed by the United States Sentencing Guidelines, which differ substantially from Florida’s Criminal Punishment Code.
As a result, defendants may face:
- Mandatory minimum prison sentences
- Significant financial penalties
- Asset forfeiture
- Lengthy supervised release
- Restitution orders
As former U.S. Attorney General Robert F. Kennedy once said:
“Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on.”
Several years ago, a South Florida business owner contacted Roy Kahn after receiving what appeared to be a routine request for financial records. Believing it was simply an audit, he considered responding without legal counsel. Fortunately, before doing so, he retained Roy Kahn.
A careful review revealed that the request was actually part of a broader federal healthcare fraud investigation involving multiple providers. Rather than allowing the client to unknowingly make statements that could later be used against him, Roy Kahn immediately contacted federal prosecutors, coordinated the production of appropriate records, and advised his client throughout every stage of the investigation.
Because experienced legal counsel became involved early, investigators received accurate information without exposing the client to unnecessary legal risk. The matter was ultimately resolved without criminal charges against the client.
The lesson is simple: the earlier an experienced criminal defense attorney becomes involved, the greater the opportunity to protect your rights before formal charges are filed.
Federal investigations can be intimidating, but they do not automatically result in convictions. Every individual has constitutional rights, including the right to remain silent and the right to legal counsel.
If you believe you are under investigation—or if federal agents contact you—it is important to seek legal representation immediately. Decisions made during the earliest stages of an investigation often have lasting consequences.
Attorney Roy Kahn has spent decades defending clients facing complex criminal allegations in both Florida state courts and federal courts. His experience allows him to develop strategic defenses tailored to each client’s unique circumstances while protecting their constitutional rights throughout the legal process.
If you have been contacted by a federal agency or believe your case may become a federal investigation, contact Roy J. Kahn, P.A. today.
Phone: 305-358-7400
Email: rjk@roykahnlaw.com
Your future deserves experienced legal representation.
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