It can happen. I knew someone with the identical drug charge from a list of states on the East Coast. He transported a truck load of weed from Florida to points north doing drops along the way. When he was federally charged, all the states dropped the charges. Even if they hadn't, he probably would have had concurrent sentences.

coolrich001; that makes sense, but my son has never been out of New York State. Montana has charged him with the exact same things as NY, his charges here are federal, after sentencing here he will be sent there. Hubby said they probably want him there instead of letting NY handle it because this is an election year and his case is an easy win for the DA (he plead guilty here).

Now I'm a little confused. Are they hitting him with Fed and State charges? Or, are different Federal jurisdictions charging him? It's beginning to sound like double jeopardy.

Yes, it does sound like double jeopardy. I believe, if I'm correct, only one state can fully prosecute him. Any state can charge him, but the states have to agree which one will keep the charge. If I am correct, I'm hoping his attorney convinces your state to keep the charge and force the other state to drop charges.

Either way, I wish you luck

coolrich001,
From the way the warrant reads, Montana is charging as federal offense. You would think it would be double jeopardy, if I am correct double jeopardy states that you cannot be charged with the same crime twice. But according to his lawyer any state in which he emailed anyone can charge him.

ThoughtAsWeak,
I was hoping his lawyer would do something, but the way it stands right now this state is keeping the charges, he is being sentenced here this Thursday 5/1, and according to his lawyer he will definitely be going to Montana sometime after the 8th. She did tell my son that when he gets there he is to request that whoever the court appoints to represent him contact her so she can update them on the status of his case here, and (I think) she is going to ask to be kept in the loop. Weather or not she will keep me informed is another matter. Thanks for wishing us luck, we will take all the luck we can get.

coolrich001, and ThoughtAsWeak,
I just Googled double jeopardy, one paragraph says this qualifies, the next one says it does not. My one son's girlfriend is training to be a paralegal so I sent the article to her.

According to our future family paralegal; he can be charged by both states because the legal systems are 2 different entities, though both are federal each state has a right to charge him.

States can also prosecute when Federal charges are filed. I don't see the point. The Federal system is much more severe, longer sentences, etc. It may be that the states are going after those he was in contact with there. They may want him to testify against them. Remember that if this is the case, nothing is free. Especially information!
Good luck!!

coolrich001,
I agree, I don't see the point either. The charges here are federal and the arrest warrant from Montana is from the United States District Court for the District of Montana. The offense is exactly the same as he has already plead guilty to here. As far as him testifying against anyone, all he knows is screen names and maybe email addresses, but I will make sure I mention this to him. I just really hate the idea that he will be in Montana alone, I will not be able to be there. I am hoping they at least allow him to call home to let me know where he is being held.

There is something weird going on here. Federal is Federal and State is State. One Federal District can not prosecute for the exact same crime that another has already settled. Did his lawyer talk to the Federal Prosecutor in NY to find what is going on? Even career criminals, mobsters, are not charged and convicted in multiple Districts.
If a mobster in NY has dealings with one in Montana, only one District handles it unless there is testimony given by him, snitching, in another District involved. He can not go to prison as a snitch. If they wanted that from me, it would be on the condition of no prison time.
Are you sure the charges are identical? One small difference can mean another charge on that difference. That is, charged with possession in one and distribution in another. I think your paralegal is confusing Federal and State charges.

coolrich001,
I agree with you, it doesn't sound right to me either. He has been charged with possession and distribution here and in Montana, according to his lawyer the charges are the same, and any state can charge him because he was sending and receiving images across state lines. Also both are federal charges for the same reason, crossing state lines. I don't know who his lawyer has talked to, she will not share much with me because my son is an adult. I wish to god I had the money to hire a lawyer to represent him. His lawyer is the assistant federal public defender. Hopefully she is good at her job because she is rather uppity, and can be a bit rude. She makes me feel like whenever I call her, I am bothering her.

As soon as you get the POA for your son, she will have to talk to you. Just make sure it states that you can act as his agent and representative in all matters and conditions.

coolrich001,
I got to speak to my son for about a minute today, now things make more sense, but also makes me more worried and apprehensive. He told me Montana is charging him with conspiracy, apparently they are trying to say he was an administrator of that board he joined. (His lawyer told me charges are the same, she lied.) I found his copy of the plea agreement for here, he plead guilty to 1 count of distribution of child pornography. Minimum sentence 5 years, maximum 20 years plus supervised release 5 years up to life. Montana is charging him with conspiracy to advertise, distribute, receive, and access the internet with intent to view. He is fighting those charges, that's why he has to go to Montana.
No one has ever said anything to me about getting a POA, that is a very good idea. I will have to find out how to get one with him being incarcerated.
Thank you for your help. By the way, how are you doing?

Oh crap. Conspiracy carries the same punishment as actually committing the crime. They need to prove that he had administrative access to the board. That means deleting things, changing security options, approving members, etc. They are the grounds to fight. If he did any of those things, he is screwed.
I will leave my personal feelings aside here.
The thing with most of those boards is that actual abusers are members. They photograph and video their acts of abuse and post post them. They are usually the true administrators. If they can prove he conspired with them, he gets the same sentence as the actual abusers. This can lead to a life sentence. Be prepared for the worst.
I also plead to one count with the option that I could appeal and that no other charges of any type would be filed in addition to the one count. I also knew if I went to trial, they would run me out of resources and win on a ton of trumped up charges. I ended up with 2 years in and 3 years SR in '98.
I am doing well. I always do well. The one thing this has taught me is to float through life only caring about the things that are really important. Oh, it also taught me to never trust anyone associated with the government. It's not paranoia when they really are after you.
No thanks necessary. I am here to help others when I can. Sorry if I rambled a bit.

My son was charged with internet porn - he moved to Kansas (8 hours away) before they caught him. His attorney kept him in the detention facility as long as she could (8 months) until she could work out a deal with the feds that they would not go after him. He pled guilty to 2 counts. Getting that letter from the feds meant 10-20 down to 5 years in Kansas. When he is done in Kansas and comes home to Illinois Illinois does have the ability to re-charge him, but the attorney thinks that the letter from the feds will go a long way in helping him NOT get re-charged.