Legal Question in Criminal Law in New Mexico

my husband plead no contest to a violation of his probation/parole on a weapons violation(felon in possession of a firearm). he was sent back to prison for the remainder of his parole which was sixteen months. after serving his sixteen months he was charged with felon in possession of a firearm over the same incident and same firearm. he was just sentenced to four and a half years in the state pen. is this not a case of double jeopardy?


Asked on 6/15/10, 1:06 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Unfortunately, no. The federal court and the state court are two separate and distinct institutions. So, a gun offense under federal law may be punished separately from a gun offense under state law.

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Answered on 6/16/10, 1:07 pm


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