Legal Question in Constitutional Law in Ohio

The 5th Amendment protects jeopardy from the same offense twice, but how does this work within the concept of dual citizenship? In the US we live under the authority of both a state and federal government?

Asked on 10/06/14, 10:55 am

1 Answer from Attorneys

Eric Willison Law Office of Eric E. Willison

If one single action is a violation of both a state statute and a federal statute then both crimes can be prosecuted against the same individual in state court and in federal court. The same is true if a member of the armed services violates a provision of the uniform code of military Justice (perhaps drunk driving while on base) and also violates state laws against her driving. The key is that there are two different jurisdictions bringing the charges.

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Answered on 10/06/14, 11:31 am

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