From Federal Investigation to State Charges: Why You Need a Lawyer Who Can Handle Both
Toscano Hired On Federal Drug Investigation and to Defend Against Felony Drug Charges in Fairfax County
When federal investigators begin looking into someone’s conduct, the consequences can be life-changing. One recent case at Toscano Law Group highlights just how quickly things can shift between the federal and state systems—and why hiring a lawyer who is skilled in both is critical.
The Federal Investigation
Our client, J.G., contacted Toscano Law Group immediately after learning they were the target of a federal investigation in Northern Virginia. The U.S. Attorney’s Office for the Eastern District of Virginia (Arlington Division) was pursuing charges under 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii), and 846—allegations of conspiracy to distribute 50 grams or more of methamphetamine. Federal conspiracy charges like these carry harsh penalties, including long mandatory prison terms and crushing fines. The government had already devoted resources to building its case.
How the Case Shifted
As the investigation developed, Diane Toscano worked to challenge the government’s assumptions and protect J.G.’s rights. Over time, federal prosecutors stepped back from pursuing the case in U.S. District Court. Instead, the matter was taken up in Virginia state court under Va. Code §§ 18.2-256 and 18.2-248. While still serious, the state charges were very different in scope and potential penalties than the federal indictment J.G. initially faced.
Why This Matters
This case underscores an important reality: federal investigations are fluid. A person who starts out under investigation by federal agents in Arlington or Alexandria might ultimately face prosecution in a Virginia circuit court in Fairfax or another jurisdiction in Northern Virginia. If you hire a lawyer who only practices in one system, you risk having to switch lawyers midstream—losing time, strategy, and continuity in your defense. That’s why it makes sense to retain a lawyer who is experienced in both federal and state criminal defense from the very beginning.
Our Advantage at Toscano Law Group
At Toscano Law Group, our attorneys regularly defend clients in both federal court (Eastern District of Virginia) and in state courts across the Commonwealth. We understand the differences in procedure, sentencing, and negotiation—and we know how to pivot when a case changes direction.
For clients in Northern Virginia, including Arlington, Alexandria, and Fairfax, that means having one legal team who can stand beside you no matter where your case ends up.
Key Takeaway
If you learn that you’re under investigation by federal agents, don’t wait and don’t gamble on hiring the wrong type of lawyer. Investigations are fluid, charges can change, and the safest move is to work with a defense attorney who can protect you in either court system.
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Contact Toscano Law Group today to schedule a confidential consultation.
