Logo
Menu
  • Home
  • Practice Areas
    • Medical Malpractice LawHelping New York Medical Malpractice, Personal Injury Cases
    • Close
  • New York Injury News
  • Press release
    • Injury News
    • Motor Vehicle Accidents
    • Personal Injury Accidents
    • Construction Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Work Related Fire Fighter Deaths
    • Wrongful Death
    • Close
  • Ask A Lawyer
  • Free Case Evaluation
  • Sitemap

Home » Featured News » Can You Be Prosecuted for the Same Crime in State and Federal Court? by Dallas Criminal Defense Lawyers

Can You Be Prosecuted for the Same Crime in State and Federal Court? by Dallas Criminal Defense Lawyers

Dallas, Tx, USA, 04/29/2021 / Broden Mickelsen /

It’s a common misconception that once a person has been charged with a crime, they can never again be prosecuted by the government for an offense arising out of the same set of circumstances.

Most people are familiar with the term “double jeopardy,” which is a right under the Fifth Amendment that states in relevant part that “no person shall…be subject for the same offense to be twice put in jeopardy of life or limb…”

However, people sometimes misunderstand the meaning of double jeopardy and how it applies. It’s a common misconception that once a person has been charged with a crime, they can never again be prosecuted by the government for an offense arising out of the same set of circumstances.

While it’s correct that the state can’t bring another prosecution against an individual after they have been acquitted for that crime, double jeopardy doesn’t prevent the federal government from pursuing its own prosecution against that individual if the federal government alleges the person violated federal law.

Double Jeopardy and Dual Sovereignty

It’s important to understand that double jeopardy is limited to a single jurisdiction for the same crime. Specifically, this means that a state can’t pursue another prosecution against someone for the same offense after that person has been acquitted in state court.

Similarly, the federal government can’t pursue a second or subsequent prosecution against an individual for the same crime after that person has been acquitted in federal court.

However, an individual can face prosecution for the same offense in both state and federal court. This is because “dual sovereignty” holds that the state and the federal government each have jurisdiction over their own laws and statutes.

For example, if an individual is accused of murder inside a state, that state can pursue a murder charge against that person. If the individual is accused of murdering a federal agent, the federal government can also pursue a prosecution against that person. There are other circumstances in which the federal government may pursue its own prosecution. For example, the federal government has jurisdiction over the case if the murder occurred on federal property or the crime involved the crossing of state lines.

An individual can face prosecution for state charges and then face prosecution for an offense arising out of the same set of circumstances in the federal judicial system. Furthermore, if the person is convicted in both systems, they can face sentencing in both systems.

Furthermore, being acquitted at one level doesn’t mean an individual can’t be convicted at another level. For example, someone who is acquitted in state court may still be convicted in federal court under federal charges.

The U.S. Supreme Court has handed down a number of cases holding that dual sovereignty allows the state and the federal government to pursue separate prosecutions for the same criminal offenses. The Court has also decided numerous cases that show that the concept of double jeopardy is a great deal more nuanced than many people believe.

  • In Gamble v. United States (2019), the court in a 7-2 decision held that the dual sovereignty doctrine means that an individual can be prosecuted by two sovereign governments without violating the double jeopardy clause of the Fifth Amendment. Justice Ginsburg dissented, stated that “the liberty-denying potential of successive prosecutions, when Federal and State Governments prosecute in tandem, is the same as it is when either prosecutes twice.”

  • In Abbate v. United States (1959) the Court held that the double jeopardy clause is inapplicable to a federal prosecution following a state prosecution for the same crime.

  • In Blueford v. Arkansas (2012) the Supreme Court held that the state of Arkansas did not violate a defendant’s right against double jeopardy when the court dismissed his first murder trial after the jury failed to agree on a conviction charge.

  • In Bobby v. Bies (2009) the Court held that the double jeopardy clause didn’t preclude the court from relitigating a claim of mental incapacity just because the accused was not acquitted at trial.

  • In Bravo-Fernandez v. United States (2016) the Court held that the double jeopardy cause does not prohibit a defendant’s retrial in a case where the jury returns an inconsistent verdict of conviction where the conviction is later vacated due to a separate legal mistake.

Contact a Federal Criminal Defense Lawyer If You Are Facing Federal Charges

If you have been charged with a crime in federal court, you should discuss your case with an experienced federal criminal defense lawyer. Federal charges are serious, and you can face serious penalties if you are convicted. Checkout selecting a criminal defense attorney by Clint Broden a Dallas based federal criminal defense lawyer.

Dallas Criminal Defense Lawyers Broden Mickelsen

Media Contact: Dallas Criminal Defense Attorney Mick Mickelsen

>> Sources:

  1. https://www.law.cornell.edu/wex/double_jeopardy

  2. https://www.oyez.org/issues/207

  3. https://www.oyez.org/cases/2018/17-646

  4. https://www.theusconstitution.org/litigation/gamble-v-united-states/

Facebook

Find us on Google in Dallas TX

Telephone:

Defense Lawyers Broden & Mickelsen, LLP
2600 State St Dallas,
Texas 75204 (214) 720-9552

Broden, Mickelsen Federal & Texas Criminal Defense Lawyers

https://www.brodenmickelsen.com

Check out Broden, Mickelsen, LLP on Issuu and Business Net Texas.

***ATTORNEY ADVERTISING***

Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case.

Source: SubmitMyPR

Release ID: 17760

Original Source of the original story >> Can You Be Prosecuted for the Same Crime in State and Federal Court? by Dallas Criminal Defense Lawyers

Content Disclaimer: 

The above review statements are those of the sponsor (Source of content) and do not necessarily reflect the official policy, position or views of the content publisher. The content distribution company is therefore not responsible for the content and its authenticity and legal standing of the above subject matter. Each individual is required to exercise its content when making a purchase from the above offer. The information does not constitute advice or an offer to buy. Any purchase made from the above press release is made at your own risk. Editorial merit of this content is subject to news publisher and its downstream partners. Consult an expert advisor/health and professional advisor before any such purchase. Any purchase made from this link is subject to the final terms and conditions of the website’s selling as mentioned in the above as source. The content publisher and its downstream distribution partners do not take any responsibility directly or indirectly. If you have any complaints or copyright issues related to this article, kindly contact the company this news is about.  

DISCLAIMER of Liability. IN NO EVENT SHALL OUR PR COMPANY BE LIABLE OR RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH ANY OF THE CONTENT, INCLUDING, WITHOUT LIMITATION, AUDIO, PHOTOGRAPHS, AND VIDEOS, OR OF THE ACCURACY, RELIABILITY, OR LEGALITY OF ANY STATEMENT MADE IN OR OMITTED FROM ANY advertisement, sponsorship, endorsement, testimonial, opinion, or other product-related or service-related statement or review appearing in the Websites or in ANY post or article distributed via the Websites.

It's only fair to share...Pin on Pinterest
Pinterest
Tweet about this on Twitter
Twitter
Share on LinkedIn
Linkedin
Share on Facebook
Facebook
Email this to someone
email
Print this page
Print
April 29, 2021   NYIJ
Featured News Criminal Defense Lawyer, Dallas Criminal Defense, Double Jeopardy, Dual Sovereignty, Federal Charges, Federal Criminal Defense
×

  • New York State to END the rule of Ordering the Food with Alcohol
  • Hearsay, the Legal Podcast Presents a Practical Route to Help Lawyers Obtain CPD Points

Recent News and Press Coverage

  • INVESTIGATION ALERT: Kaskela Law LLC Announces Stockholder Investigation of Tenneco Inc. (TEN) Following Privatization Announcement and Encourages Investors to Contact the Firm March 6, 2022
  • INVESTIGATION ALERT: Kaskela Law LLC Announces Stockholder Investigation of Sema4 Holdings Corp. (SMFR) in Connection with Recent Merger Announcement February 27, 2022
  • NYC Slip, Trip & Fall Injury Attorney Offers Free Resource – Who Can Sue Their Landlord In Winter Slip/Trip and Fall Incidents February 25, 2022
  • New York City Bike Accident Attorney Weighs In on Seattle dropping bike helmet rule due to racial justice concerns February 22, 2022
  • How to Find the Best Slip & Fall Injury Lawyer in Queens, Bronx, Manhattan, NYC January 27, 2022
  • New York City Bicycle Injury Lawyer Glenn Herman Weighs In on NYC Parks Department Bans E-Bikes January 1, 2022
  • How to Effectively Draft Nonprofit Bylaws without an Attorney December 23, 2021
  • GOOGLE UNIVERSAL FOR LAWYERS – HOW ATTORNEYS CAN BENEFIT FROM 100% SAFE SEO December 23, 2021
  • Law Offices of Stuart M. Kerner, P.C. Announces 5M Settlement for Bus Accident December 16, 2021
  • Manhattan Bicycle Accidents Lawyer – Injury Attorney Glenn Herman ebook Pandemic & New York City Bicycle Injuries 2021 Available Now November 26, 2021
  • New York City Bike Injury Lawyer Glenn Herman Analysis on Sharp Rise in E-Bike and E-Scooter Injuries October 9, 2021
  • Spin Integrate its Electric Scooters in Google Maps October 6, 2021
  • Disbarred Attorney files first civil lawsuit under Texas Abortion Law October 2, 2021
  • New York City Bar calls on lawyers to fight back against suppressive state voter laws October 2, 2021
  • NYC E-Bike Injury Lawyer Reports – Manhattan’s Community Board 7 Calls for Increased Law Enforcement on E-Bikes September 21, 2021
  • A Practical Approach to IP Protection for Government Contractors from Martensen IP September 20, 2021
  • NYC Medical Malpractice Attorney Provides Resource to Help Understand Medical Misdiagnosis in New York Hospitals September 17, 2021
  • COVID-19 and Anti-Vaccination Propaganda have Found Alliance in the Form of Misinformation – What Led to this? September 16, 2021
  • Scooter Injuries in New York City – Robin Herman Reports September 14, 2021
  • ‘False’ anti-Uyghur Job Ads are Now being Investigated by Shein in China August 31, 2021

Archives

  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • July 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • December 1999
  • January 1970
New York Injury News
1512 Schorr Place
PMB #35071
Bronx, NY 10469
718-210-1007
Copyright © 2022 New York Injury News
Go to mobile version