What Are Federal Charges? Federal vs. State Cases in Oregon

A criminal case in Oregon can be brought by the State of Oregon in circuit court or by the United States in federal court. The difference is more than the building. Federal cases follow their own rules on how charges are filed, who is held before trial, how quickly the case must move, and how sentences are set.

What makes a charge federal

A charge is federal when the United States brings it under a federal statute in a United States district court. Federal courts have exclusive jurisdiction over offenses against the laws of the United States (18 U.S.C. § 3231). In Oregon, those cases are heard in the U.S. District Court for the District of Oregon, which holds court in Portland, Eugene, and Medford, and they are prosecuted by the U.S. Attorney's Office.

Cases usually become federal because of the law involved or the agency that investigated. Common examples include:

• Drug distribution and drug conspiracy cases (21 U.S.C. § 841 and § 846), often investigated by the DEA or a joint task force.
• Firearm charges, such as possession of a firearm by a person with a prior felony conviction (18 U.S.C. § 922(g)).
• Fraud that uses the mail, wires, banks, or government programs, such as wire fraud (18 U.S.C. § 1343).
• Offenses on federal property or involving federal agencies and officers.
• Immigration-related offenses, such as reentry after removal (8 U.S.C. § 1326).

Both systems can charge the same conduct

Oregon and the United States are separate sovereigns. Under the dual-sovereignty doctrine, each may prosecute the same conduct without violating the Double Jeopardy Clause, as the U.S. Supreme Court reaffirmed in Gamble v. United States (2019). A case that begins in state court can, in some situations, also be charged federally.

How the charges are filed

A federal felony must be charged by grand jury indictment unless the person waives it (Federal Rule of Criminal Procedure 7(a)). Oregon also generally requires a grand jury indictment for a felony, but the Oregon Constitution allows a felony to proceed by information instead after a preliminary hearing, or when the person waives indictment (Article VII (Amended), section 5).

Federal investigations often run for months before any charge is filed. A person may first learn of one through a search warrant, a grand jury subpoena, or a letter from prosecutors identifying them as a target of the investigation.

Custody before trial

After a federal arrest, the person must be brought before a magistrate judge without unnecessary delay (Rule 5). Release or detention is governed by the Bail Reform Act, 18 U.S.C. § 3142: the court may release the person on conditions or order detention after a hearing. For certain charges, including serious drug offenses carrying a maximum of ten years or more and firearm offenses under 18 U.S.C. § 924(c), the law presumes after a probable-cause finding that no conditions will be adequate. The defense can rebut that presumption with evidence.

How quickly the case moves

The Speedy Trial Act sets the federal timelines: generally 30 days from arrest to indictment and 70 days from indictment or first appearance to trial (18 U.S.C. § 3161). Many periods are excluded from those counts, including continuances a judge grants so the parties can prepare, which is why complex cases often take much longer.

Evidence before trial

Discovery, the exchange of evidence before trial, is governed in federal court by Rule 16 of the Federal Rules of Criminal Procedure and in Oregon courts by ORS 135.815. The two rules differ in what must be disclosed and when, which affects how early the defense can see the government's case.

Sentencing works differently

Federal sentencing starts from the U.S. Sentencing Guidelines, which calculate a range from the offense and the person's criminal history. Since United States v. Booker (2005), the Guidelines are advisory. The judge must consider them along with the factors in 18 U.S.C. § 3553(a) and impose a sentence 'sufficient, but not greater than necessary.' Some federal statutes also set mandatory minimum sentences.

Time in custody is counted differently too. Federal parole was abolished for offenses committed on or after November 1, 1987. A person may earn up to 54 days of good conduct time for each year of the sentence imposed (18 U.S.C. § 3624(b)), and some may earn time credits for completing programs under the First Step Act (18 U.S.C. § 3632(d)(4)), although certain offenses are excluded. A federal prison sentence is often followed by a term of supervised release (18 U.S.C. § 3583).

Oregon has its own mandatory minimums for certain serious felonies under Ballot Measure 11 (ORS 137.700), so a mandatory sentence is possible in either system. The rules that produce it are different.

Why the distinction matters early

Whether a case is state or federal shapes nearly every decision that follows: whether to speak with investigators, how to respond to a subpoena, what release looks like, and how a plea or trial would unfold. Because federal investigations often begin well before any charge, the earliest stage can matter the most.

Abraham Hanson Law represents clients in Oregon's state courts and in the U.S. District Court for the District of Oregon. If you have questions about a state or federal matter, you can request a consultation. Criminal defense consultations are free.