Legal Question in Criminal Law in Georgia

kidnapping with injuries

My daughter was motor vehicle hijacked and kidnapped at a parking lot near the mall. She jumped out of the vehicle about 9 miles down the road, a week later they found the guy and her vehicle in another county in Georgia. He's being charged with kidnapping with injuries, aggravated assalt, violation of probation and armed robbery. My question is: why is he being procecuted in the Superior court and not a Federal court if some of these charges are federal crimes?

Asked on 9/07/03, 11:31 am

2 Answers from Attorneys

Nickolas Chilivis Chilivis, Traylor & Lyon, LLC
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Re: kidnapping with injuries

As long as there are crimes committed under State law, he can be prosecuted by the state. If he broke Federal law as well, the Feds can prosecute him also. Essentially both can prosecute him w/o a double jeopardy problem.

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9/07/03, 3:03 pm
Wayne Wisong Wayne Wisong, Attorney at Law
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Re: kidnapping with injuries

I concur with Mr. Chilivis. It sounds like the state is prosecuting him on state charges. The feds could plan more charges to come if the crimes fit federal law. She should keep tabs on the action and try to be heard and even get a lawyer, because she should ultimately be entitled to restitution in the criminal proceeding, and certainly has the right to sue him, although in this type of situation, the assailant usually has little to sue to get.

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9/07/03, 10:44 pm

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