Legal Question in Criminal Law in Pennsylvania

Drugs Arrest

Can THe U.S. Mashall Arrest you on drugs charge,drop the drugs charge

the state or local pick-up the drugs charge go to court . the state drop the class . but the U.S. Mashall office re-arrest you on the same drugs charge againt .


Asked on 5/22/07, 8:59 am

2 Answers from Attorneys
Douglas Sughrue Attorneys Crosby & Sughrue

Re: Drugs Arrest

The short answer is "yes, they can." The question is about jurisdiction. The State & the Federal government can prosecute you for drug crimes. The U.S. Marshalls in your case are only witnesses that the prosecuting authority will need to "make their case." You do have a right to a "speedy trial" that your lawyer can investigate to determine if there has been or could be a violation. If the transfers of jurisdiction you descrbe were done to gain a tactical advantage against defendant, that may aid your inquiry.

Retaining an experienced criminal lawyer in your area will result in you gaining more answers to your questions.

Thanks,

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Answered on 5/22/07, 9:16 am
Brian Zeiger Levin & Zeiger LLP

Re: Drugs Arrest

The simple answer is, yes the feds can absolutely do this, no doubt about it.

The lengthy answer is that jeopardy has yet to attach, and even so the US Supreme Court has ruled that state courts and federal courts are seperate soverigns for purposes of criminal law.

Good Luck, feel free to email or call, [email protected], 215.825.5183. Brian

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Answered on 5/22/07, 11:41 am


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