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.

Read more
Answered on 10/19/09, 1:25 pm
Terry A. Nelson Nelson & Lawless

Yes.

Read more
Answered on 10/19/09, 6:44 pm


Related Questions & Answers

More Criminal Law questions and answers in California