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

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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 12 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.


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