Legal Question in Criminal Law in New York

Re: Federal Government Indictment Take-over? And Plea-Bargain?

If a federal law is allegedly being violated, the federal government can elect to investigate and may indict. Keep in mind that an individual can be indicted and tried by both the state and the federal government for the same acts if his conduct violated the laws of two separate entities. A defendant can have his attorney approach the federal prosecutor and ask to enter into a plea bargain at any time. As a general rule, the earlier the prosecutor is approached the better. If you want a confidential consultation, feel free to call me. I handle federal cases in the New York area.

Re: Federal Government Indictment Take-over? And Plea-Bargain?

I will attempt to answer your question in the outlined three parts:

1)The Federal Government may take-over an idictment and investigation at any time if the Feds feel a Federal offense has been committed. Sometimes, there will be a joint investigation. In a state like New York, occasionally defense strategies then can come into play for I believe if the Feds first prosecute for the same offense, the person cannot then be tried for the same offense in NY under the NY Constitution's double Jeopardy provision. However, if the state prosecuted first, the Feds could still try the individual for the same offense, because the US Constitution does not consider this double jeopardy because 2 separate sovereigns (the Feds and NY) are prosecuting.

2) A co-op witness may ask for a plea bargain at any time.

3)It may be beneficial to demand a plea bargain earlier rather than later because this is often when the best pleas are offered because the prosecutor has not invested that much time in the case early on. Sometimes it is better to wait and show the prosecutor how his case is undermined by the facts or the law and then pitch the plea.

If you have any further questions, please e-mail me.

Steven Brand

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.