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I was curious if you have to serve state time for mail fraud after having been sentenced in federal court and serving 2 years.

Denver, CO |

I was sentenced for mail fraud in Federal court with no other charges against me. Served 2 years in a prison camp and now on Federal probation with restitution. I was only hit with 1 count of mail fraud (1 Felony conviction)

Attorney Answers 5

Posted

No. No state has jurisdiction to prosecute the offense of mail fraud, and therefore, no state can impose a sentence of any type on that offense.

Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
jlowther@nationalfederaldefense.com
http://www.NationalFederalDefense.com
866.380.1782

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Posted

The federal government controls crimes involving crimes of the US Mail

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Posted

There is no state charge for "mail fraud" as you have described. What can happen, however, is a state can prosecute you for a different crime, such as "theft," that could subject you to jeopardy in the state system. Talk to your criminal defense attorney about all of these possibilities.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

I agree with my compatriots above - there is no State charges for Mail Fraud as it is a Federally controlled Service.

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Posted

If you're asking whether a state could have jurisdiction over you and charge you with an offense related to the mail fraud offense, the answer could be "yes." Thus, if someone plead to mail fraud in federal court, a state court could pursue charges for grand theft or other state charges. However, one would need to know more facts. Why do you think the state is considering charges? You certainly wouldn't serve state time without any other case. If it has already been 2+ years since you were sentenced, it would seem that the state would have acted sooner. However, the question doesn't make complete sense to me and I feel like some key facts are being omitted.

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