Legal Question in Criminal Law in California

if the state of California didn't file charges for 1 yr can federal charges still be filed

Asked on 8/01/16, 9:06 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Yes, if the alleged act violates a federal criminal statute for which the limitations period is more than a year. The state and federal governments have independent authority in this area, and neither gains or loses any rights based on decisions by the other. One government's decisions will sometimes affect what the other chooses to do with its authority, but not whether it has that authority in the first place.

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Answered on 8/02/16, 11:56 am

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