How does a plaintiff decide between a State or Federal court for his/her case?

The differences between State and Federal criminal cases are not obvious. For example, bank robbery is Federal and drunk driving is State. However, if you get pulled over for drunk driving while on Federal property, it would be a Federal case as opposed to a State case.





Many narcotics cases can also be charged either by State or Federal authorities. For example, if the narcotics are bought and sold in the same state, the case is typically charged by the State. However, if narcotics are bought in one state and sold in another state, this is considered a conspiracy to transport and thus charged as a Federal case.





In most cases, the individual who is arrested will know where their case will be prosecuted. If they are arrested by federal authorities and taken to a federal detention center, the likelihood is that the case will be in federal court. If they are arrested by a local police department and taken to a city or county jail, they will most likely be prosecuted by the state.





Cases Usually Prosecuted in the State Courts:





Murder


Rape / Child molestation


Possession of controlled substances / Under the Influence


Domestic violence / Assault %26amp; battery


Robbery / Grand Theft / Shoplifting


Most misdemeanors





Cases Usually Prosecuted in the Federal Courts:





Smuggling controlled substances


Large quantity narcotic conspiracy cases


Bank robbery and bank fraud


Mail fraud / Theft from the mail


Bribery of public officials


Crimes committed on federal land


Crimes committed in one state with flight to anotherHow does a plaintiff decide between a State or Federal court for his/her case?
It's not up to the plaintiff, it's a matter of jurisdiction -- if the matter covers involves the laws of more than one state or has other subject matter jurisdiction, then it would be federal. Generally, if you're suing someone, i.e., you're the plaintiff, then you would be in state and county court.