Legal Question in Criminal Law in California

Res Judicata - Harassment

If a person is convicted of the charge of harassment in Superior Court for an incident, can a charge of terroristic threat for the same incident also be brought at the Federal level if the incident occurred on Federal property, or does that constitute res judicata?

Can both prosecute, or do the two usually decide on one or the other to prosecute?


Asked on 3/23/09, 7:48 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Res Judicata - Harassment

No. Either or both. Contact me directly.

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Answered on 3/24/09, 4:58 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Res Judicata - Harassment

Whether the state conviction is res judicata as to the federal case will depend upon details you have not provided. Even if it is res judicata, that would not bar a federal prosecution. It would simply leave the federal prosecutor with less she has to prove.

You may be thinking of double jeopardy rather than res judicata. If that's what you had in mind then the answer is no. Double jeopardy applies to multiple prosecutions by the same sovereign power. The state and federal governments are different sovereigns. Being prosecuted by both would not violate the ban on double jeopardy.

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Answered on 3/23/09, 7:53 pm
Terry A. Nelson Nelson & Lawless

Re: Res Judicata - Harassment

State and federal are independent, and both can prosecute. You're about to find out how bad it can get. I suggest you get an attorney. Feel free to contact me if you get serious about this.

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Answered on 3/23/09, 8:00 pm


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