Saturday, August 21, 2010

Should a criminal be entitled to a federal grand jury when charged in a state case? after having a preliminary

A federal grand jury has no authority to inquire into a state crime.Should a criminal be entitled to a federal grand jury when charged in a state case? after having a preliminary
No, the federal and state judicial systems are completely separate. The only way for a criminal to end up in front of a federal grand jury after a preliminary appearance in state court is:





1) The offense committed is a violation of both federal and state law and the person is being charged under both (state may or may not drop their case upon a conviction at the federal level); or





2) The criminal has been subpoenaed to testify before the grand jury in another matter.


Should a criminal be entitled to a federal grand jury when charged in a state case? after having a preliminary
Only if the DA prefers the case go before the Grand Jury. It is not a individuals call.

No comments:

Post a Comment