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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4816
Experience:  Experienced in both state and federal court.
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5 year federal sentence served. After 8 years state of alabama

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5 year federal sentence served. After 8 years state of alabama has marshalls pickup brother in misissippi for same crime. Is this normal? What can we do?

TexLawyer :

Good morning. I'll be assisting you with your question.

TexLawyer :

So, is the new charge in state court?

TexLawyer :

Also, when was he picked up? What was he charged with?

Customer:

Yes i guess now it is

Customer:

All we know is that the charges are the same as he already served fed time for. he was pickedup yesterday

TexLawyer :

Now it is a state charge?

Customer:

Yes

TexLawyer :

If it is a state charge now, there are really two answers to your question.

TexLawyer :

For starters, no, it is not normal for a person to be charged in federal court, serve their time, and then be charged again in state court for the same crime years later.

TexLawyer :

However, while it isn't normal, it is legal.

Customer:

Double jeopardy?

TexLawyer :

While a person cannot be charged with the same crime twice, that only applies to being charged by the same jurisdiction. The state and the feds are two different jurisdictions, so a person can, in theory, be charged with the same crime in federal court and then in state court. There isn't anything illegal about it.

TexLawyer :

The issue here is whether there is a statute of limitations problem. What you need to find out is when he was charged (not when he was arrested, a person could be charged and not arrested for years).

TexLawyer :

It appears there are some technical difficulties with the chat function. I'll switch to a different format, which usually corrects the issues. If you can read this, refresh the page and it will switch.

Customer:

Thanks

Do you have any questions? If so, feel free to ask. If not, please remember to "rate" my answer. Good luck to you and your brother.
Chris T., JD and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

How long is statute?

It depends on what he was charged with. Some crimes have a 2 year statute of limitations, and others have a 5 year statute and some have none. Below is link to a list of crimes and their statute of limitations:
http://www.criminaldefenselawyer.com/criminal-case-statute-of-limitations/MS-felonies-misdemeanors.htm

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