Federal Crimes – FAQs

Can I be convicted under State and Federal law if I only committed one crime?
The answer is yes. A crime committed under California law can also violate Federal law. As such, this means that even if you are convicted of a crime in California, you might still be facing Federal charges. You will be punished under both California and Federal law.

Is the use of medical marijuana a federal crime?
The possession and use of medicinal marijuana is indeed a federal crime under the Controlled Substance Act. It is legal in California under the Compassionate Use Act of 1996. In most circumstances a federal law will override a state law if they directly conflict. There are certain legal technicalities that make California’s law slightly different so that it would not be overridden by the Federal law. So long as you use medicinal marijuana within the guidelines of state law, you will not be subjected to charges from the state, but you may still be subjected to criminal penalties under Federal law. The current Obama administration has instructed the federal agencies to not go after people using medicinal marijuana under state law. This may provide a sigh of relief, but you must still follow the precise medical marijuana laws of California to avoid criminal prosecution.

If my charges were dropped in state court, does that mean it will be dismissed in federal court?
Absolutely not! Having your case dismissed in state court does not necessarily mean that it will get dismissed in federal court and vice versa. This is why it is important to have an experienced federal crimes attorney on your side to defend your rights.

What is the statute of limitations for federal crimes?
Most federal crimes have a statute of limitation of five years from the time the crime was committed. There is no statute of limitations for federal crimes punishable by death, crimes of terrorism, and certain federal sex offenses. This is just another reason why it is important to speak with a federal criminal attorney if you’re facing a federal charge.