Home > Research Legal Advice > Criminal Defense > What happens when your state case is federally indicted
Asked 3 months ago - Owings Mills, MD
FlagMy fiancé had a state warrant but was indicted federally but it still is stating he has a state warrant for current charges he is locked up federally for. How does warrant get revoked
Usually the warrant will remain outstanding and act as a detainer until the federal case is resolve. If the federal charges send him to prison, then the state might drop the warrant, although it doesn't have to. If the federal charges were dismissed, done the warrant acts as a detainer, so that the state might prosecute him. Both the state and federal governments have the right to separately and consecutively prosecute him. He could receive consecutive sentences from each government for having committed the same crime. That is rare, because it uses a lot of resources.
Your question is not clear enough for me to hazard an answer, but there is hope here. If he is now in custody curtesy of federal charges he will get a good attorney even if he can't afford to hire his own. Unlike their state counterparts the Federal Defenders are highly skilled and adequately paid and resourced to provide outstanding representation to indigent federal defendants.
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