Legal Question in Criminal Law in Virginia
My husband had been charged with a drug offense. Last week I was told the feds have taken his case? He is in jail on a PB15 (VA Probation) But hasnt been sentenced. Can the feds over power state probation, and have him released if he is willing to cooperate with the feds as a c.i.? Will the state charge him as well as feds?
1 Answer from Attorneys
No, for this kind of situation, it's not a matter for the "feds" to assert federal preemption or "over power" state law enforcement authorities, but rather to work out a reasonable disposition of all pending charges (state as well as federal)through amicable negotiation between state and federal prosecutors and your husband's defense counsel. (And, yes, I know from personal experience that such can be done, having represented clients with both state and federal criminal charges.)
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