Federal law provides very weak protections against a defendant who faces charges in state and federal court for the same conduct. In the federal system, it is. In the federal system, the federal government can bring criminal charges against a defendant who has already been convicted of a state crime for the same conduct. The Department of Justice has guidelines that discourage prosecutors from bringing charges against a defendant who has already been charged in the state system, but there is no absolute prohibition on the federal government's ability to do so.
In addition, federal prosecutors in Philadelphia have recently begun to routinely ignore these guidelines because of political disagreements between the Office of the United States Attorney for the Eastern District of Pennsylvania and the Office of the District Attorney of Philadelphia regarding the severity with which certain defendants should be punished after being convicted. The federal prosecution of defendants who had previously been charged in the state system is now increasingly common. Whether a criminal case is being handled by a state or federal court depends on the nature and circumstances of the alleged crime. In general, state crimes are those that involve violations of state law, and federal crimes are those that involve violations of federal law. State crimes are prosecuted by local police, state agents, or county sheriffs.
On the other hand, federal crimes often involve federal government agencies such as the FBI, DEA, IRS, and DHS. If you have been arrested, it's crucial that you know if your case will be heard in state or federal court. You should also know if you can be charged with the same crime in state and federal courts. So can someone be charged in federal and state court for the same crime? Depending on the crime in question, a person may face state and federal charges for the same crime. If a person commits a crime that violates state and federal laws, they may face state and federal charges for the same crime.
You may have heard of “double incrimination”. Many people believe that the right not to “incriminate twice” means that you cannot be charged in federal and state court for the same crime. The “dual sovereignty doctrine”, which is an exception to the double incrimination rule, states that both state and federal governments can separately prosecute a defendant for the same crime if the crime violates state and federal laws. And if you are charged in both state and federal court, you can also be sentenced in both courts.
If you are facing criminal charges and need legal help, contact Joyce A. Our skilled and dedicated Fort Lauderdale criminal attorneys at Joyce A. It is not a double incrimination to charge you in state and federal court, provided you have committed an act that violates state laws and federals. Under this doctrine, state and federal courts are considered separate sovereign, meaning that each can prosecute a person without violating the prohibition of dual criminality.
The result is that you can face legal battles on two fronts, even for a single act. Understanding how this works is crucial if you or someone you know is facing charges that could result in state and federal prosecution. When a defendant is charged in both courts for the same crime, they have the right to a fair trial in both court systems. In most cases, the defendant will be represented by separate attorneys for each court system, although in some cases, the same lawyer may represent the defendant in both court systems. The Fifth Amendment to the United States Constitution protects people from “being subjected to the same crime and being twice endangered to death or physical integrity.” Many people are familiar with this right and know that, for example, once a person is found not guilty of a certain crime in a state court, the state government cannot re-prosecute them for it crime.
However, when the alleged conduct violates both state and federal law, a defendant can be prosecuted by state and federal prosecutors under the “dual sovereignty doctrine.” Under certain circumstances, the federal government assumes that a state prosecutor's office vindicates federal interests, but not always. In fact, in some cases, the federal government decides to initiate legal action only after being acquitted in state court. This means that if you are accused of conduct that may violate state and federal laws, you need an attorney who is familiar with both and who can defend you not only against the charges you are currently facing, but also those you may face in the future. Brill Legal Group has extensive experience in state and federal courts and can protect your rights.
With conveniently located offices in Hauppauge, Hempstead, East Hampton, and Manhattan, our New York City criminal defense attorneys handle cases in Suffolk, Nassau counties, and throughout New York City. We practice in local courts and before the OPMC, OPD and DOH, OATH, and the State Department of Education. The Superior Court overturned the trial court's denial of the dual criminality motion to dismiss because Pennsylvania offers relatively strong protection against the possibility of being tried again for the same crime following a federal conviction or acquittal. or from another state.
When facing criminal charges, one of the most disturbing scenarios is the possibility of being prosecuted in state and federal courts for the same crime. Another common reason a defendant is charged in both state and federal court is when the alleged crime involves a violation of federal civil rights laws. It's crucial to note that, under the doctrine of dual sovereignty, even if a person has already been prosecuted in state court, they can still be prosecuted in federal court for the same offense if the crime was also a federal offense. If the defendant has already been convicted or acquitted, he should not be tried again for the same crime in the same court.
In addition, these fundamental distinctions between state and federal laws show that criminal law is complicated and that there can be defenses in cases that a non-criminal lawyer might overlook. In some cases, state and federal court systems can reach a plea agreement, in which the defendant pleads guilty to one set of charges in exchange for the other set of charges being dismissed. And according to the doctrine of “dual sovereignty”, different sovereigns, for example, a state and a federal government, can legally charge a person with the same crime if they violate the laws of each sovereignty. This case drew a lot of attention because of the benefit it could have brought to the famous criminal defendant Paul Manafort, former campaign manager of President Trump, who was convicted in federal court for several crimes.
Because the Commonwealth failed to show that Pennsylvania had a substantially different interest, the Superior Court barred state prosecutors from bringing charges against Gross for the same conduct for which she had already been convicted in federal court. It's not uncommon for a criminal defendant to be charged with the same crime in both state and federal court.
