Legal Question in Criminal Law in Wisconsin

Two trials? crime? legal?

Hi, My Friend is accused of driving a car that may or may not have been apart of a fediral offence called mailbox smashing. Well le me get right to the point. he got a $216 fine ust for driving... now he is getting tried for the same crime by the county. yes it was all in the same county but not the same city... is this egal? and if so how can he get his fines lowerd for the 2nd trial? or get out of it. thank you


Asked on 7/13/09, 1:25 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Multiple Charges from Both State and Federal Authorities for Mailbox Smashing

Your friend needs to retain an experienced criminal lawyer and follow his advice in any decisions he may make. Since the conduct alleged may have been offensive to several different levels of the government (from state to federal), he may be charged by any or all of them. It is very common to have federal charges come up long after state ones have been resolved. This is not deemed to be double jeopardy because each level of government has different laws, hence these are deemed to be totally different criminal charges, even if they all involved the same conduct. However, there are limitations on how many charges can arise from the same conduct under complex legal prohibitions against "multiplicity." My comments here are not intended as legal advice unless you subsequently retain me and revisit this issue with me.

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Answered on 7/15/09, 9:01 am


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