My son signed a please deal with the state in Abilene, Texas that his case would not go state. He was sentenced to 10 years with the state. When he got to TDCJ, he was picked up by the Feds? We need to know what is the process for the Feds to get the case. We believe we have grounds for a breach of plea case with monitary value.
You will need to consult with a lawyer that practices in U.S. Federal court and the lawyer will need to review the information, including the plea agreement. You can search for such a lawyer here on AVVO. People can be charged for both a federal and a state crime although I would say it has been my experience that does not happen all that often. You may recall that was the concern of O.J. Simpson's legal team after he was acquitted, (that the feds would pursue a federal claim).
I am hopeful my answer is "HELPFUL" and/or is a good answer?" If so, I would appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. My answer is not intended to answer specific details on a particular claim, but rather give a general outline of some of the procedures a person may encounter. The information is only for education and not intended to create legal representative of anyone.
Some acts violate but state and federal laws, and a person can be prosecuted in both. The State cannot make a binding deal for the Feds without their agreement but if they made the agreement, then the State is in violation and the guilty plea could possibly be reversed. I would suggest hiring a lawyer to handle the federal case and after that, hire a lawyer (maybe his original lawyer) to address the issue with the State.
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