if someone is in federal custody and also has a pending state criminal case, (Legally Speaking) does the federal case have to be taken care of before you can proceed with the state case? I've asked this question before. One person replied yes. I'm not sure if they were correct or not, but if anyone out there knows for a fact that this is true, can you please provide me with a link or web address(if any exist) that states this in writting. Anyones help will be greatly appreciated. Thanks in advance...... :)
2007-03-17 17:49:56 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Federal charges supersede state charges in most cases.
"The first principle of American law: Where the federal Constitution speaks, no state may contradict it. "
Here's a good website, a little wordy, but it has what you need.
http://usinfo.state.gov/products/pubs/legalotln/
2007-03-17 17:57:59 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Whoever files charges (and indictment) first can proceed with their case, and then the other jurisdiction gets their shot.
If one believes the other is going to jump in, then they will usually remand the defendant to keep them in custody. If bail is offered, then the other jurisdiction can arrest them and start the process separately. This could end up in a turf battle.
But the two (state and federal) usually work out a compromise based on who has the better case, or other bargaining chips.
2007-03-17 17:53:07 · answer #2 · answered by coragryph 7 · 1⤊ 1⤋
My understanding is the Federal takes precedence over State.
Here's the best I got for your link
http://search.msn.com/results.aspx?q=Federal%2C+State%2C+criminal+cases+pending&FORM=MSNH
2007-03-17 17:58:03 · answer #3 · answered by ThatsThinkingWithUR Dipstick 3 · 0⤊ 1⤋