Which warrants as Federal charges and State jail charges? Is it the amount or the kind?

IN MY BOYFRIENDS CASE IT WASN'T THE DRUGS THAT MADE HIS CHARGES FEDERAL. WHEN THE RAIDED HIS HOUSE THEY FOUND HIS GUN COLLECTION, EVEN THOUGH HE DIDN'T USE THE GUNS OR THREATEN ANYBODY WITH THEM. THEY MADE IT SEEM LIKE HE HAD THE GUNS TO PROTECT HIS DRUGS. WHICH IS NOT TRUE BUT YOU CAN'T ARGUE WITH THE FEDS.

Federal crimes or living in a Federal district (District of Columbia) warrants getting a federal sentence. Everything else falls under the Dep. of Corrections.

The whole reason I asked this question is because when my husband was idicted, some were charged with the same thing as he was but beside theirs it said " state jail felony" I just wondered what made it different.

Yeah I know what you mean because my man is in for guns and he is doing 15 years, but I have a friend who is in state doing 15 for manslaughter.....it doesnt make sense does it?

My husband is doing 30 years fed, he has done 9 already. does he has to do 85% of his time and do they have parole for feds.

When it comes to drug offenses and who has jurisdiction, it depends on who arrested you. My daughter is in federal prison because the person who set her up was arrested by the feds. To further his own case, he "cooperated" with their investigations. Had he been arrested by the state, no doubt he would still have continued to "cooperate" but the people HE nailed would have been in the state systems, unless their arrests had involved firearms or conspiracies, etc.

When the Drug Task Force came to our house the County was the one who brought the charges for the State. They also found a gun cabinet with several guns, which were all legal. My husband was a gun collector and had some guns that had been handed down through his family. They also made it sound that the guns were used to protect the drugs rather than it being a collection.

After we went to a few court dates we were told that the County had asked the Feds to look at our case as they wanted them to prosecute it. (this would have meant a much longer sentence for us) The reason we were told the Feds did not take the case was two-fold. One... we were not charged with manufacturing...which is what they do prosecute, and two the lab results came back on the drugs as amphethamine, not methampethamine....so they did not want the case.

Also the attorney we had told us that the Feds only take cases they know they can win. It turned out the County Prosecutor did not try our case as he contacted the Attorney Generals Office and they sent a special prosecutor to try it.

Ok Y'all I just got to vent for a little bit. My husband's lawyer called me last week after our first dockett. This man tells me that because my husband worked for his cousin, and that when they busted the house of the warrant served on the cousin, and because they found the cousin's guns, that my husband is going to prison. Ok, nevermind that my husband worked in the barn, and nevermind that he didn't own ANYTHING that was on the property and nevermind that all the things they confiscated from the cousin was legal, my husband will "never convince anyone that he didn't know what was going on in that house" I personally think that is a load of crap! Just because two people happen to share the same addiction, DOES NOT mean they are partners in crime. Does it?