once a federal trial is concluded, can you be remanded back to the state to answer for state charges?
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once a federal trial is concluded, can you be remanded back to the state to answer for state charges?
I have been following the cases of someone that burglarized my home. They committed multiple other burglaries in two states. He was picked up in another state and was in county jail awaiting trial when US Marshals came and took custody of him. They have charged him with felon in possession of multiple stolen firearms. My question is this. If he were to, by some miracle, be cleared of the gun charges, can the government remand him back into state custody to answer to the state’s charges? He was sitting in jail on 550k worth of bonds in the state where he was apprehended. That does not include the warrants that are still active on him in my state. This guy is a career criminal/drug user and has multiple convictions in both categories.
Asked on October 25, 2017 under Criminal Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, each jurisdiction--the federal government, and each state in which he committed offenses--may try him for the crimes committed in it. If acquitted in one, he can be sent to another (e.g. from federal to state) to stand trial. Whether the federal authorities remand him or just "cut him loose" and the state then has to look for him depends upon whether the federal law enforcement and state coordinate their activities, but the state can certainly ask and arrange for a remand.
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