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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117420
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have federal drug conspiracy charge. i want to know the validity

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I have federal drug conspiracy charge. i want to know the validity of administering a motion to dismiss a case on lack of jurisdiction based upon that states the Federal government has no jurisdiction on criminal federal matters beyond the District of Columbia(DC) and federal property. Article 14 of Virginia constitution states That the people have a right to uniform government; and, therefore, that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof. so they have not been given legislative jurisdiction under Virginia to allow them to enact laws that are a violation of my US constitution rights. My understanding is this charge is invalid! am i correct?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that while sovereign citizens and some minority groups claim that this is the case, the US Supreme Court has held differently continuously stating that because drugs are sold in commerce the federal government gets their criminal enforcement authority under the Commerce Clause of the US Constitution. You can raise your argument, but the US District Court will dismiss your motion I am afraid.

I am afraid your understanding is not taking into account the US Constitution Commerce Clause and also the US Constitution stating that anything that the federal government does not take jurisdiction on would be left to the states and they have taken criminal jurisdiction here which is also shared with the states.

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