If a person is charged with trafficking cocaine 10-28g but less than 28g by the state why would the lawyer want the charges to be taken by the federal court? My friend has been in the county jail for almost a year due to the local police not wanting to give him a bond. Now his lawyer is having his case picked up by the Feds since it seems like the state isn't budging. Is the lawyer making a smart decision? What does those charges carry in federal court if proven guilty?
No one here can guess about strategy or if it is a good strategy, because we do not know the case. Lots of reasons could make that a good call like actually getting a bond hearing, "better" judges, "better" jury, clearer rules for court, etc. We cannot say what the charges carry because we do not know what the charges are or how the case might be taken to federal court. That is not a right that you can just make happen. there must eb a basis for the federal court to take it.
You are asking about the strategy of another lawyer with no information. Impossible to even suggest why.
Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C.
Michael G. Sribnick, M.D., J.D., LLC
The answer to this question does not establish an attorney/client relationship nor does it constitute legal advice.
Honestly it sounds like what the attorney said was lost in translation between your friend and you. A defense attorney can't just transfer the case to federal court. The US Attorney would have to agree to pick up the charges. It sounds like there is more to this situation than your friend understands. I would recommend that your friend ask his lawyer for clarification.
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