Can I Face Charges for the Same Fraud-Related Crime Under State and Federal Law?

If you are currently under federal investigation for a crime or you are facing state charges in the Tampa area, it is important to know that, depending on the details of the case, you could also potentially face charges under federal law in Florida. Many people have heard of the “double jeopardy” clause of the Fifth Amendment of the United States Constitution, and they assume that this means that they cannot be tried in two separate courts for the same underlying offense. However, it is critical to know that the double jeopardy clause is not designed to prevent federal charges after a state court case.

Our Tampa criminal defense attorneys can explain in more detail below, and we can speak with you today if you need assistance with your defense or have concerns about being prosecuted in two different jurisdictions.

What Does the Double Jeopardy Clause Say and Mean?

The Fifth Amendment says that “no person shall . . . be subject for the same offence to be twice put in jeopardy of life or limb.” This is the double jeopardy clause that is often colloquially understood to mean that a person cannot be tried twice for an offense. Yet the protections of the double jeopardy clause are not this strong.

What the double jeopardy clause actually means is that a person cannot be tried for an offense and acquitted, and then tried again for the same offense in the same jurisdiction. In practice, that means you cannot be tried under state law in a Florida state court for an offense and acquitted, and then tried again for the same offense under Florida state law in a Florida state court. Similarly, you cannot be tried under federal law for an offense and acquitted, and then tried again under federal law and in a federal court for the same offense.

However, you can be tried and acquitted in a state court under Florida state law, and then tried again under federal law in a federal court. State and federal jurisdictions are separate, and you often can be tried for the same underlying offense in state court and then subsequently in federal court. In such circumstances, it is crucial to have a defense attorney who can assist you with state and federal defense strategies.

Contact a Tampa Criminal Defense Attorney to Develop a Defense Against State or Federal Charges in Florida 

Anyone who is facing federal charges for a fraud-related offense or another white collar crime should know that, in certain circumstances, you could ultimately face charges for the same act under both federal and state law. Whether you are currently facing federal or state charges, you should begin working with an experienced Tampa fraud defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. as soon as you can, and you should discuss the possibility of state and federal charges. Our firm has years of experience defending clients in both federal criminal cases and state criminal cases, and we can begin working with you today on your defense strategy. Contact our firm for more information about how we can assist you.

Source: 

constitution.congress.gov/browse/essay/amdt5-3-1/ALDE_00000858/