In 2007 My Husband was chage with that same charge that now the federal goverment is trying him for now . They are trying to use the same statements that the state use and everything.He was already was covicted of the crime by the same .So what i want to kno can they do that and if they cant can u just give me the name of the state law that is against this type of case
In general, a defendent CAN be charged in both jurisdictions for the same offense due to the two separate statutes-federal and state: federal drug law vs. state drug law/ robbery of a state bank vs. a FDIC insured bank, etc.
Many written opinions have held it is not "double jeopardy" and the doctrine has become known as the" petite doctrine". A 59 page article is online by googling "petite doctrine" and at:
Limitations Imposed on the Dual Sovereignty Doctrine by Federal ...
by T White - 2010 :
Because the dual sovereignty doctrine permits multiple prosecutions of an individual by
state and federal governments for essentially the same conduct, the increasing
federalization of criminal law has marginalized much of the double jeopardy protection
afforded by the Constitution. The Supreme Court’s admonitions to the federal
government to judiciously exercise the ability to conduct subsequent prosecutions under
federal law following state prosecutions led to the Justice Department’s 1959 creation of
the Petite doctrine which limits and prioritizes prosecutions if overlapping jurisdiction
exists. Over half of the states, at one time, limited or prohibited subsequent prosecutions
and half still do. This article examines (1) the jurisprudential bases of the dual
sovereignty doctrine as well as two recent practical applications, (2) whether the doctrine
continues to be constitutionally viable in light of the increasing amount of federal
criminal law in areas traditionally regarded as matters of state primacy and the rise in
intergovernmental law enforcement efforts, and (3) the extent and enforceability of
limitations placed upon the dual sovereignty exception to double jeopardy by the federal
and state governments.
The defense attorney can and should challenge the successive prosesution based on the similar and overlapping facts. Hire a competent criminal defense attorney for advice ASAP!
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Can't put it better than Mr. Mascagni. In NJ the State prosecutors usually defer to the Feds. There are cases where the crime seems the sane but is not. Theft by deception in NJ for use of counterfeit money and passing or making counterfeit money in the Fed system for instance. Mr. Mascagni gave other examples.
I agree with my colleagues. Because the U.S. Government is not the state that prosecuted him earlier, he can be prosecuted again, even if it is the same crime. He certainly will need the assistance of a good lawyer. That he has been previously convicted may reduce his sentence, but it does not necessarily bar new charges. He needs a lawyer to help him with this now.
This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.
Agree with my colleagues. If your husband doesn't have an attorney, he needs one now.
Legal disclaimer: This response does not create an attorney-client relationship and should not be construed as offering legal advice. It is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case.
Yes, the federal government has separate jurisdiction from the states, therefore it can charge as well as convict someone for federal crimes even if the state has already proceeded on charges.
Generally, because the federal government is a "separate sovereign," the prohibition against being twice placed in jeopardy (double jeopardy) does not apply. Therefore, the federal government can, and oftentimes does, charge individuals for the same criminal conduct for which the individual has been convicted at the state level.
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