Thursday, May 13, 2010

Can the state of Kentucky use a federal plea against someone in a state case?

I intered a guilty plea in federal court and served 30 months. Now the state of Kentucky has filed an indictment 3 months after I was released from Federal Prison charging me with the same two offenses, and are trying to extradite me from Maryland. The FBI has all the physical evidence so I presume Kentucky must be using the federal plea againts me. Can they do that in Kentucky without any physical evidence againts me?Can the state of Kentucky use a federal plea against someone in a state case?
Yes. If the plea contains an admission to certain conduct, and that conduct may form the basis for the charges in the state's case, they can use it as a declaration against interest, an exception to the hearsay rule.

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