How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal-Guru Your Own Question
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
Type Your Criminal Law Question Here...
Legal-Guru is online now
A new question is answered every 9 seconds

Is there a statute of limitations on the FEDERAL felon in possession

This answer was rated:

Is there a statute of limitations on the FEDERAL felon in possession of firearm charge? Son in State (NM) prison for the samee charge worried about being charged by feds upon release by state prison.
Welcome to JustAnswer.

(1) Yes, there is. The federal statute of limitations is 3 years from the date of the offense.

(2) It is very rare for the feds to prosecute a person for the same crime once they have been either convicted or acquitted of the same crime in state court. While it is constitutionally permissible DOJ guidelines restrict it to very compelling cases and it requires approval by the DOJ in Washington, D.C. This is called the Petite policy based upon a 1960 U.S. Supreme Court case called Petite v. United States.

In short, it is very, very unlikely that he will be prosecuted for that type of charge when he has already been sentenced to state prison for the same crime.
Legal-Guru and other Criminal Law Specialists are ready to help you