Legal Question in Criminal Law in Ohio

My fiancee was being charged with a Breaking and entering, Aggravated Burglarly, and Theft with purpose to deprive knowingly obtain without consent or control of owner. The B/E charge along with the Aggravated Burglarly was both dropped. Theft w/ purpose to deprive was transfered over to Common Pleas, now what we dont understand is why this has become a Federal case? Because at the same time they dropped those 2 cases and sent the other to common pleas the FEDS apparently picked up a "gun charge" on him from the Aggravated Burglarly they dropped. Why and how is this possible? What would possess them to make this a FEDeral case? Why would the FEDS pick up a gun charge? We are at a loss, could use any guidance or suggestions on this at your earliest convienence.

Thank You greatly,

Julie


Asked on 3/09/10, 6:17 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

The State and the Federal Government are independent legal bodies and each has the power to prosecute crimes within their jurisdiction. Some criminal acts violate both the State and Federal law. Gun crimes, in particular, often violate both State and Federal law. When a criminal act is a violation of both State and Federal law both jurisdictions have the power to prosecute. As a matter of Policy, the US Attorney generally will not prosecute an offense if that exact same offense has already been prosecuted in State court. However, if the State prosecutor declines to prosecute the US Attorney will often "pick up" the charge and prosecute federally.

Federal criminal charges are very serious -- especially gun charges. Gun charges in the federal system often have a mandatory minimum sentence in a federal prison. I would strongly urge your fiancee to get a lawyer to assist him in this federal case.

Read more
Answered on 3/16/10, 8:21 am


Related Questions & Answers

More Criminal Law questions and answers in Ohio