I was charged and not indited in district court can the investigator still go to federal district court with my charges?

Asked 11 months ago - Columbus, MS

I was charged with Exploitation of Children but the District Court Grand Jury did not indite me on the charges. Up to the Grand Jury the investigator threatened me he would go federal if I did not plead guilty at District Arraignment. No that I have received a no-bill can he still go to the federal court with my charges?

Attorney answers (4)

  1. Francis Starr Springer

    Contributor Level 10

    6

    Lawyers agree

    Answered . The federal court system is completely separate from the state court system. The investigator could take the case to the feds. You need to get with an attorney immediately. Don't wait.

    This creates NO attorney-client relationship and all answers are for general information. All persons are... more
  2. Anthony Michael Solis

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Such crimes are always chargeable in the state and the federal court. Therefore the feds could pick this up and indict you.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  3. Stephen F Wallace

    Contributor Level 19

    4

    Lawyers agree

    Answered . You need an attorney right now to go over your exposure to Federal court. You should never plead guilty at arraignment. This allows you to review the discovery you have a right to before considering a plea. To beat the intimidation - hire an attorney. State and Federal are separate and both can indict you. It may be unlikely if the State gave you a no bill, that the Feds would be able to get a true bill out of it. Take Care!

  4. Joshua Sachs

    Contributor Level 19

    4

    Lawyers agree

    Answered . You have a federal criminal exposure regardless what the state authorities do or what the state grand jury or court does. The state investigator, the state prosecutor, or anybody could bring this matter to the attention of the federal authorities. It would then be up to the United States Attorney to decide whether or not to seek a federal indictment. I agree with my colleagues that you should have counsel on this potentially serious matter.

    Having said that, I will go out on a limb and observe that the refusal of the state grand jury to indict is a good sign and possibly suggests that the case for prosecuting you is not strong. But I know nothing about this case. If you don't have an attorney familiar with the defense of federal prosecutions, you should. Maybe you can head this off.

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