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How can a person be on state probation and federal probation at the same time for the same case?
Wiki User
∙ 6y ago
It means the person was charged and convicted in both a state and federal court. The double jeopardy rule only applies when the accused person is charged with the same crime, more than once, in the same court system. State and federal courts are not in the same court system.
Whatever act was carried out, clearly violated both a state and federal statute, thus the individual can be charged for the same act in both court systems. The defendant was convicted both times and sentenced to a term of probation by both courts.
Wiki User
∙ 6y ago
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Can you get probation if you have a federal case?
Yes, my brother is on Federal parole
Do state laws have an impact in federal courts?
Under some situations, a case involving a person from out of state can be tried in a Federal Court according to a state law. While state law never supersedes Federal law, a lawyer can bring up a case from state law that might have bearing on a Federal Case. The way the United States Supreme Court ruled on that state case would affect Federal Law and could influence the federal court.
If you had state probation and never left the state facility due to the feds picking up the case who subsides state or federal laws?
This case 'sounds like' a double jeopardy case that should be brought up on a Habeas challenge. (Caveat; this answer is provided sight unseen for what the charges and such are).
Is ted kaczynski a state or federal case?
Ted Kaczynski, also known as the Unabomber, was prosecuted in federal court. He was charged with multiple federal offenses due to his bombing spree targeting individuals involved in modern technology.
If a person was convicted on a federal case but it should have been tried a state case what would happen?
it doesn't happen, US court is perfect.
How long do you have to be on Federal Probation to seek termination?
Everything depends on the unique circumstances of your case - only the judge presiding over your case can answer that question.
Can you move to another state if on probation?
Yes. This is allowed. Depending on what kind of probation you are on, if it is bench, then you just need to tell the court your new address. If you are on supervised probation, you may have to get your case transferred to your new city and state.
If you get 5-10 in a state case and 77 months in a federal case do you serve time in a federal or state prison?
both
Was the Louise Woodward case federal or state?
state case held in Massachusetts
What takes priority State Constitution or State Regulations?
Federal. The dual government is set up in such a way that if federal and state are in conflict, federal trumps. The order is as follows: Federal constitution Federal statute Federal case law Federal regulations and administrative law State constitution State statute State case law State regulations and administrative law
What law supersedes state law or condo by laws?
Federal law can supersede state law when it legislates the same area. This happens when a person can't obey both the Federal and the state law at the same time. When this is the case, it is the Federal law that the person should obey. Condo bylaws can be superseded by state or federal laws in the same manner. Further, state law can directly mandate how bylaws are written.
What determines if a case goes to federal court or state court in Montana drug offenses?
If the crime carries a felony punishment, your case will go to federal court. The amount of drugs you have on your person will determine if it is a felony or not.
