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Charged twice for the same crime???

New Richmond, WI |

I'm being charged with 2nd degree burglary in Minnesota. I haven't seen it yet but they say there is a video. I live in Wisconsin, now Wisconsin is charging me with theft movable property 2500-5000. These are for the same crime. Some property was found in my house not more than 2500 worth. Also the police were all in my house before the search warrant was signed I said no to them when they asked to search. They wouldn't even let my kids in to get clothes because they were waiting for a warrant and they questioned my under aged child without me present.
There is alot of that that doesn't make sense to me. I have no criminal record at all not even a ticket. What can I expect?

Attorney Answers 3


  1. You need a lawyer in both Wis and MN to work with you. Obviously there are a lot of issue here. There is no proscription against charging you in two different states with the same thing. In essence, when you cross a state line with stolen property you have technically committed a new crime. Even so, these cases need to be coordinated because what happens in one will affect the other. In addition, because the property is the same in each case, there is a strong argument that if there is a settlement it should include both cases and run concurrent. So your attorneys need to work closely together. If you cannot afford attorneys the courts will appoint them to represent you. Good luck

    This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.


  2. Because you have two different sovereigns (states) charging you your double jeopardy rights are not being violated. Retain defense counsel licensed in each state to protect your interest. Good luck.

    My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.


  3. Two different states are charging and it seems that he crimes are different notwithstanding this that they am have arisen out of the same transaction. So yes the "double" prosecution may very well be authorized. You definetly need an attorney to defend you on these charges in both jurisdictions. S/he would be ale to evaluate the strengths and weaknesses of the the prosecutions cases and explore what if any defenses you may have (including moving to controversy the warrant or suppress any illegally obtained evidence). Good luck.

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