San Diego criminal lawyer Stefano Molea discusses the various factors at play as authorities decide whether a drug case should be prosecuted by State or Federal prosecutors.
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This is Stefano Molea, San Diego criminal lawyer and partner at the law office of David Shapiro, where we help good people regain control of their future when charged with a crime.
There are times when someone is arrested and charged in state court for possession for sale or transportation of a controlled substance, and then the federal prosecutors decide to charge the person for the same alleged conduct. Or there are times when someone is arrested at the port of entry coming from Mexico with drugs, and sometimes are prosecuted by federal authorities, other times they're prosecuted by state authorities.
How do federal prosecutors decide whether they're going to pick up a controlled substance case or not?
The answer, unfortunately is not 100% clear. In speaking to prosecutors and federal agents I've learned just a couple things. Sometimes whether a case go state or federal can depend on how full their plate is for federal agents. Or how full federal jails are; I've even heard that. Other times it has to do with the type or amount of drugs that are found. Sometimes it has to do with the intelligence the government has about the source of the drugs or the person accused of transporting or selling them. For example, if they believe holding the huge hammer, that is a federal minimum/mandatory sentence over the defendant's head will provide them helpful information, then they will take over the case.
What happens if the case starts in state and then the feds pick it up?
Usually the state prosecutor will have some idea that it's coming. Whether he or she shares that information with the defense lawyer depends on the prosecutor and possibly the prosecutor's professional relationship with the defense lawyer. There are times when I'd go to court and see guys are in plain clothes who sort of look out of place, and that's because they're federal agents waiting to take a defendant into custody after his or her state court hearing. These agents try to blend in, but if you've been in the world long enough, they're easy to spot. If that happens, the state prosecutor will usually then dismiss the state case in lieu of federal prosecution. They don't have to, but they usually do.
Hope this was informative. If you have any questions, give me a call. This is Stefano Molea, San Diego criminal lawyer, (619) 295-3555.
