They can pick it up anytime before the five or ten year statute of limitations expires. Go ahead and get an attorney pronto. It should not be long.
The federal government may indict you at any point within the period of time prescribed by the relevant statue of limitations relevant to the alleged offense. Your being charged in state court will have no affect on any future federal prosecution: there will be a new arrest and a new bond, if granted, must be paid. I recommend that you retain an experienced federal criminal defense attorney who will contact the federal prosecutor and address the matter before formal charges are filed, possibly resulting in your being issued a summons rather than being arrested and having a proposed bond amount determined before your initial appearance before a US magistrate. - Joshua Sabert Lowther, Esq., National Federal Defense Group.
The feds can file charges based on your conduct at anytime within the statute of limitations. Whether the state drops the case or when the do it, has little bearing on what the feds must do. Sometimes, however, the state will drop charges because they have been in contact with the feds who indicate their intention to prosecute. If you already have a lawyer, you should discuss this matter with them, unless your lawyer doesn't do federal cases, in which case you're best advised to start contacting competent federal counsel immediately.
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Since you already have an attorney, you should ask these specific questions to your attorney, who knows you and the charges very well
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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If the state dismisses the charges against you, your bail will be exonerated. If the U.S. Attorney presents evidence to the Federal Grand Jury, they can indict you and you will be arrested. Your attorney should be able to speak to the U.S. Attorney; the U.S. Attorney will generally tell defense counsel whether you are a "target." Your attorney can also enter into an agreement with the U.S. Attorney about bail, so you will not be rearrested. My office often does this in cases similar to yours.