Is conspiracy to distribute meth a federal crime? 5 Answers as of July 27, 2010

My cousin is being indicted for conspiracy to distribute meth in California, but I was wondering if this could be a federal crime too? I was told that it is. What should we do if it is? This is his first arrest for drug distribution.

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes conspiracy to distribute meth is a federal crime. However, the Feds will not take this up if it is being treated by the state. The outcome of each criminal case depends on the facts of that case. To determine your cousin's chances you can make an appointment for a free consultation and we can explore your cousin's options. Yours truly.
Answer Applies to: California
Replied: 7/27/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
This, like many drug crimes are both state and federal violations. Both can prosecute. But if he hasn't been federally charged, don't worry about it unless it happens. He should hire an attorney, of course, unless he knows how to effectively defend himself against a professional prosecutor seeking to convict him. If he is serious about hiring counsel, have him contact me to discuss his defenses.
Answer Applies to: California
Replied: 7/26/2010
Law Offices of Ramona Hallam
Law Offices of Ramona Hallam | Ramona Hallam
Yes, this is a federal crime also. Either the state or the federal government can prosecute. I concur with Attorney Mandell's opinion entirely.

Whether this is prosecuted as a state or federal crime, it is serious. When charged with conspiracy to commit a crime, a defendant can be charged with any of the offenses committed by the other co-conspirators, which were the subject of the conspiracy or a reasonable and foreseeable consequence of the conspiracy. Additionally, much evidence that would have been excluded as hearsay in a non-conspiracy case, might now be allowed in. Your cousin should definitely discuss his case with an attorney.
Answer Applies to: California
Replied: 7/26/2010
Law Offices of Ronald Richards & Associates
Law Offices of Ronald Richards & Associates | Ronald Richards
Yes, this very well could constitute a federal crime. Feel free to call my office.
Answer Applies to: California
Replied: 7/26/2010
Steven Mandell
Steven Mandell | Law Offices of Steven Mandell
It can be a federal crime, too, but if he's being prosecuted in a California state court, the chances are that they federal government will not be doing anything about it. The feds and the states often have "concurrent jurisdiction" but I wouldn't worry about it going federal if it's already a state case. Good luck.
Answer Applies to: California
Replied: 7/26/2010
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