Can a state agency prosecute a old federal agency case, if it had no involvement in the investigation.
The District attorney is allowed to prosecute for any crime that occurs within his jurisdiction. It does not mater what the investigating agency was. The only limit is that they cannot prosecute crimes that are alleged to occur outside their jurisdiction and they cannot prosecute actions that are not considered criminal under state law.
The example of this is the federal government seeking initially to prosecute for Felon in possession of a firearm for someone who completed his felony sentence 12 years ago which was discovered by the DEA. If the Federal government fails to take action, normally, the District Attorney can take all the evidence collected by the DEA and proceed to prosecute under the State Felon in Possession of a Firearm Law. However, in this specific example, since the sentence was completed over 10 years ago, the state would be prevented from proceeding with the prosecution because they would be prevented by Louisiana Law, which states that a felon may have a firearm if it has been more then 10 years since the completed their sentence, unlike in Federal law.See question
My sons father is 16 I'm 18 we are one year and 8 months apart. He was born August 2000 I was born November 1998 We have been together since he was 13 and I was 15 our son was born when I was 17 and he was 15 his mother let us live in her house s...
You cannot be prosecuted at this time. The Louisiana statutory rape statutes are Felony Carnal Knowledge of Juvenile and Misdemeanor Carnal Knowledge of a juvenile. In order to prosecute, the difference between the ages of the two people involved must be three years or greater. You do not qualify given the information you provided, so you should be safe.See question
Like 4 years ago someone pressed charges on me for thief but now want to drop the charges. I never been arrested on the charge or nothing it was just said they pressed charges but niw wanted to drop them.
If you actually have the warrant, it depends on whether or not the warrant has been filed with the National Crime Information Center. If the Federal Government can see it, then most likely no. You need a lawyer to check to see what the situation actually is and resolve it.See question
My friend was arrested all the jail would tell me is there is a state detainer no bond
Means he/she is being held based on a warrant for either not showing up for court or a pending criminal charge.See question
Mother was arrested for domestic violence and she wants to purchase a gun.
She will be able to purchase it privately, but may not be able to purchase it from a store or pawn shop, as the FBI check may reject her because of the arrest.
Separately, it is a bad idea to buy the gun because she is likley ordered under a protective order/peace bond not to possess a firearm, and could be found in contempt and go to jail as a result if found in possession.
She needs a lawyer to get the protective order lifted if its present. She also needs to make sure she does not get convicted of the Domestic Abuse Battery, because if so then it will be illegal for her to possess the gun and she may go to jail.See question
My son is charged with arm robbery and the person who actually done it admitted but my son is still charged
Charges can be dismissed at a status conference, but it depends - did the person admit it to the police or law enforcement, or just among other citizens. Unless the police and district attorney receive the information, they are unlikely to dismiss the charge. You need to make certain that the admission is reliable, or can at least be presented as reliable, then make sure police receive info.See question
I stole from a clothing store 581.60 to be exact and I have a court date coming up soon. I really wanna know am I going to jail or community service. I've never done anything like this before and I'm scared
You should hire an attorney depending on what you need to happen. Theft of Goods, La. Rs. 14:67.10 is a felony when the property alleged stolen is valued at $500 or above. Simple Theft, La. rs. 14:67, is a felony when the property alleged stolen is valued at $750 or above. You need to find out what your charged with exactly. That will help determine what your possible penalties are.See question
My father was in a accident where he hit a blind man in the middle of the rd.. He was sentenced to 10 years for leaving the scene is it possible his time can be reduced bc of the accident it wasn't as if it was done purposely..... I need some ans...
It s possible, through a Motion to Reconsider Sentence, but this type of Motion must be filed within 30 days of the sentencing being handed down. You must act quickly.See question
My friend who is in federal custody has an attorney that reaches out to me telling me he needs HELP! New Orleans, LA | Saturday at 10:24am Well my friend got into trouble for drug sales and distribution . He has an attorney and now his attorney...
This does happen on very rare occasions. it is essentially law enforcement using whatever leverage it has to get the information it wants. However, it it likely that the DEA or any other law enforcement has no idea who you are, but instead your friend is in a bad spot in federal court and is trying to provide any and all information to the Government he can so as to get them to recommend to the Judge that he provided enough assistance to merit a lower sentence. I would speak to my own lawyer prior to doing anything, because without guarantees in writing you might be taking risks reporting on other people without actually getting anything in return, as the government will not be bound by any agreement not in writing.See question
Husband got picked up on bench warrant. He does have a rough history however has changed. He is also newly on probation. He now has a probation Hold so I can't bond him out how long does this hold last for ? . Will he get jail time if so how much?...
Is this in Louisiana? if so, the probation hold will stay until there has been a determination made as to the underlying charge that the bench warrant is related to. If he is found guilty of a misdemeanor, depending on the jurisdiction he will likely either be released or sent for a 90 day penalty.
If he is found guilty of a felony he will likely have his probation revoked and have to do his backed up time. Contact a lawyer to determine his specific situation, as various things could change what occurs - what charge he is arrested for vs what charge he pleas to, any deals made between the judge, probation, the DA and the Defense, the type of charge, his probation history, etc etcSee question