What should we expect?

Asked almost 2 years ago - Fresno, CA

My husband was arrested for Possession of a firearm by a felon or narcotic drug user. He's in the county jail serving a violation. We went to court last week we got news that the state dropped the charges and now he has a release date which is after he serves his violation time. The day before we went to his court the federal marshals put a detainer on him. So my question is how long can they hold him? Also, being that the state dropped the gun charge. What charge can the Feds have on him?

Attorney answers (3)

  1. John M. Kaman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Without more information no one can tell you why the feds put a detainer on him. What it means is that when is about to be released from local custody federal marshals will pick him up at the jail. He needs an attorney.

  2. Amy Katherine Guerra

    Contributor Level 12

    Answered . The Feds are not precluded for charging him for the same crime he was arrested and charged for in state court. You should speak with an attorney about whether your husband may have been charged federally for the same firearm.

    Please don't forget to choose the "best" or most "helpful" answer. This response does not create an attorney... more
  3. Donald Gray Drewry

    Contributor Level 12

    Answered . Many times the State will drop the charge and inform the Feds if they have jurisdiction of the crime because their sentencing may have a harsher penalty. But, you need to tell us why he is being detained. Is it the same charge or another one? You should have a private lawyer or public defender on the State's charge, so they should be able to tell why there is a hold oh him. You should contact them immediately.

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