Legal Question in Criminal Law in Georgia

Approximately two years ago I was arrested by the DEA for ordering chemicals over the internet and having them delivered to me. That case has not come to trial yet. At the preliminary hearing I was ordered to see a probation officer until my court case comes up. I have not missed a scheduled appointment with him. Last night, federal agents busted down my door to my home and came in like a swat team and ramsacked my house. They did not say they had a warrant nor did the show me one. They said they had taken the case over from the State. They found nothing and it seemed to irritate them. They then arrested me on the charges for the case two years ago and said it would now go to federal court. My wife, little girl and myself were so stunned we didn't know what to ask. What are my rights?

Asked on 3/29/10, 1:17 pm

1 Answer from Attorneys

Kendall Carter The Law Offices of Kendall W. Carter, LLC
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Well, since they did not find anything, there is no legal impact on the federal criminal case from the raid last night. You may have a civil claim against the government, depending on the circumstances, but that is not my field. I can provide a civil referral if you like.

Depending on the facts of the case; if the State of Georgia wants to charge you with a felony, they must do so within four years of the date of the alleged criminal conduct. The general rule for Federal criminal cases is five years from the date of the alleged criminal conduct. Either way, as long as your case has not commenced trial, jeopardy has not attached and the Federal government may arrest or indict you for the alleged offense.

Please contact me using the link below to discuss the matter further.

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4/03/10, 7:51 pm

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