When Will a Drug Case Be Federally Prosecuted
My question involves criminal law for the state of: OR
I had an acquaintance recently get busted for attempting to manufacture hard drugs in his campus dorm at a university in Oregon. He is currently under investigation, however, we have no idea whether he will be prosecuted at the federal level vs. the state level, or maybe both. We are hoping he will be prosecuted at the state level because the maximum punishments for manufacturing are much less severe than the federal guidelines.
Can someone with knowledge please tell me what jurisdiction a case such as this falls into? Is there any way of knowing for certain before charges are brought forth?
Re: What Determines Whether a Drug Case Will Be Federally Prosecuted
If the state is who busted him, then the state would be the one to file charges. If there is some compelling argument that the Feds want to file charges, then the charge could be under federal law. There is no way of telling until the charges are filed but chances are it will be the state.
Re: When Will a Drug Case Be Federally Prosecuted
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zags4champs
Can someone with knowledge please tell me what jurisdiction a case such as this falls into? Is there any way of knowing for certain before charges are brought forth?
Both the state and federal governments could prosecute the case. How it will actually play out will depend on the details of the case (which of course I don’t know and it would be unwise to provide much detail here) and the prosecution policies of the DA and U.S. Attorney offices that would prosecute it. All he can do is wait and see how the prosecution plays out.