picked up. it happened in west virginia he has not been re arested only notified by mail that the feds picked up the case. so im trying to find out whats the next course of action. He was charged with possession of a schedule IV controlled substance but the amount was small enough to b considered "personal use"
Federal Crime Lawyer
The Feds may have picked up the case because they believe it is part of a larger case. They may still be pursuing their investigation. The have 5 years from the date of the offense to return an indictment.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
18 USC Section 3282(a) requires the US Government to indict the case within 5 years from the date of the offense, or in the event that a conspiracy is charged, within 5 years from the date of the last act in furtherance of the conspiracy by any co-conspirator, the achievement of the object of the conspiracy, or the defendant's legal withdrawal from the conspiracy, whichever is later. Normally, the Government will investigate the case until it is satisfied that it has sufficient evidence to obtain convictions, and then it will present the case to a grand jury. If an indictment is returned, the defendants will be summoned to appear in court or arrested, depending upon the prosecutor's preference. The next course of action should be the defendant's retaining counsel who can contact the federal prosecutor and learn the exact progress of the case and the strength of the evidence that the Government anticipates using against the defendant. Such contact usually provides an attorney with several ways in which to avoid the defendant's arrest if a federal indictment is returned.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
I agree with my colleagues, but I would also add that it has always been one of my pet peeves, (even when I was a federal prosecutor), that the feds sometimes take what seems like "forever" to decide whether or when to "pick up" a criminal case. We recommend that you carefully consult with your own criminal lawyer about how to deal with all such issues.