my friend had a state drug case postponed repeatedly for a year by the d.a. he didn't have any drugs. they got text from another persons phone but they dont have his phone. they found paraphernalia in his room but no quantity of drugs. he also an addict. 10days before trial she dismissed the case. the federal government filed a complaint after not indicting him still to this day. will he be indicted after so long? there is no new evidence. he's been In treatment and working a real job this past year.
A prosecutor is not required to bring an indictment unless the charge is a felony. However, the complaint is the initial charging instrument and takes place early on in the process. So it's possible your friend has been charged with a federal felony but the prosecutor hasn't yet sought an indictment. Lastly, the dismissal of the State charge does not preclude the Federal government from bringing a complaint.
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