Legal Question in Criminal Law in California
Question regarding double jeporady clause can someone be acquitted in a state court but then be convicted in a federal court?
Asked on 10/19/09, 1:09 pm
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Yes. Double jeopardy only applies to successive prosecutions by the same sovereign power. The state and federal governments are distinct sovereigns. There may be other reasons why the federal prosecution could not succeed, but double jeopardy would not be a factor.
Answered on 10/19/09, 1:25 pm
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