Most people have heard of the term “double jeopardy” which refers to the idea that an individual cannot be charged for the same crime twice. However, it is not as straightforward as it may sound. If you are facing a criminal trial, you may be wondering whether you can be tried twice for the same charge in different states. Keep reading and contact a trusted Bergen County Criminal Defense Attorney to discover whether you can be tried twice for the same charge.
Can I be charged twice for the same crime in different states?
If you have been convicted or acquitted in a particular jurisdiction, you usually cannot be tried for the same crime in the same court again. Nevertheless, that does not mean you cannot be tried in another state or federal court system if charges are brought against you in those particular jurisdictions. Ultimately, the application of this law is if you are not found guilty by the jury, the prosecution cannot charge you with the same offense again. Once the not-guilty verdict has been delivered, the prosecutor will not be able to bring charges against you for the same offense. It is important to note that double jeopardy does not apply when the federal government and an individual state levy the same charge. They are separate sovereigns, therefore, they have the authority to charge you with identical crimes. The Fifth Amendment to the United States Constitution dictates, “Nor shall any person be subject to the same offense to be twice put in jeopardy of life or limb..” However, this does not apply when you are convicted in state or federal court, or acquitted. Ultimately, the Fifth Amendment does not prohibit you from being tried twice for the same crime in different states or jurisdictions.
Are you facing criminal charges in more than one state?
If you are facing criminal charges in more than one state, you likely feel overwhelmed by the uncertainty associated with the complex legal system. It is critical to understand how dual sovereignty can affect whether you can be charged twice for the same offense in different jurisdictions. When an individual is charged with the same offense in different states, it can make it extremely challenging to defend. However, it is in your best interest to acquire appropriate legal representation that can help you fight the charges brought against you. An experienced Bergen County criminal defense attorney can help you achieve the best possible outcome.
For more information on when double jeopardy does not apply, please contact one of our adept and dedicated team members. Our firm is committed to helping our clients protect their rights and interests. Allow our firm to fight on your behalf today!