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5 year federal sentence served. After 8 years state of alabama

5 year federal sentence served...
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?
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Answered in 5 minutes by:
6/15/2013
TexCrimLawyer, J.D.
Category: Criminal Law
Satisfied Customers: 4,829
Experience: Experienced in state and federal criminal litigation.
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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

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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.
TexCrimLawyer, J.D.
Category: Criminal Law
Satisfied Customers: 4,829
Experience: Experienced in state and federal criminal litigation.
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TexCrimLawyer, J.D. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 4 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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TexCrimLawyer, J.D.
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4,829
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