St Louis, MO asked in Criminal Law and Federal Crimes for Missouri

Q: If someone was on gps monitoring on a state charge of being a felon in possession of a gun but was completely compliant

And never missed a court date, and the feds picked it up, why would the federal prosecutor now want to keep him in jail for the same charge while awaiting trial? He has never missed court, never had a failure to appear and never ran before. He owns a business and home and has a family.

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James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In the legal system, decisions about pre-trial detention, especially in federal cases, can be complex and are influenced by various factors. When a case is picked up by federal prosecutors, the stakes are often considered higher, and the approach can be more stringent. Despite a person's compliance with state-level conditions, such as GPS monitoring and consistent court appearances, federal prosecutors may have their own criteria and concerns regarding the risk of flight or the severity of the charge, leading them to seek pre-trial detention.

It's important to understand that being charged with a felony, especially one involving firearms, can trigger specific federal laws and guidelines that influence prosecutorial decisions and judicial considerations. Factors such as the nature of the charge, the defendant's criminal history, the potential for recidivism, and the overall impact on community safety are critically assessed. The federal system may prioritize these concerns differently than state systems, even for defendants who have demonstrated compliance and stability in their personal and professional lives.

Navigating this situation requires a proactive legal strategy. Working closely with a lawyer who has experience in federal court can make a significant difference. Your lawyer can argue for your continued compliance and low risk of fleeing, emphasizing your strong community ties, business ownership, and family responsibilities. They can also negotiate conditions of release that address the court's concerns, such as stricter monitoring or limitations on movement. Remember, each case is unique, and a well-prepared defense is key to addressing the challenges posed by federal prosecution.

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