If someone can be tried for the same offense in both a federal and state court. Cen you tell me how that is possible without running afoul of the 5th

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If someone can be tried for the same offense in both a federal and state court. Cen you tell me how that is possible without running afoul of the 5th

about the 5th amendment

Asked on May 19, 2009 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

The Fifth Amendment of the Constitution guarantees that you will not be tried for the same crime twice.  This is known as "double jeopardy".  Double jeopardy, however,  does not protect individuals from being tried by several different sovereignties. State and federal courts are considered separate sovereignties in the U.S.; therefore, if you may be tried for the same offense in federal and state court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption