At the start of a criminal investigation, one of the biggest questions is whether the case will be prosecuted by state or federal authorities. This is not necessarily clear from the outset. One of the surprises for most clients is the fact that many types of alleged criminal conduct can be prosecuted under both state and federal law. Perhaps more surprising is the fact that a person can be prosecuted by both state and federal authorities, at the same time, for the same alleged conduct. Although it would seem to be a clear case of double jeopardy, it is not.

A defendant can be charged in both state and federal court. The state and federal government may separately prosecute an individual, or entity, when the alleged conduct violates a particular law within the respective jurisdiction. The dual prosecution is permitted pursuant to the Dual Sovereignty Doctrine of the Constitution.

The Fifth Amendment Right Against Double Jeopardy

Although the Double Jeopardy Clause of the Fifth Amendment states that a person cannot be prosecuted twice for the same offense, the Dual Sovereignty Doctrine is an exception to the Double Jeopardy Clause. If a crime is allegedly committed in each individual jurisdiction (state/state and/or state/federal) a person or entity can be charged or indicted within each respective jurisdiction.

Although it is often the case that criminal conduct can be prosecuted in a number of jurisdictions, it is common that a singular jurisdiction takes the lead in the matter and prosecutes the case. This is done for a variety of reasons, but is a case-specific inquiry.

Jurisdictional issues are an important consideration to the defense of any allegation in the criminal justice system. The penalties can vary widely from one jurisdiction to another, even though the proscribed conduct is nearly identical within the statutes.

See our page on Federal Sentencing in Internet and Computer Crime Cases, Explained.

Questions About State and Federal Internet Crime Cases

Does contact from a local detective mean the case will stay in state court?

Not necessarily. Local and federal agencies can work together, and the agency making the first contact does not conclusively identify where charges may be filed. A lawyer can review the paperwork and available information about the investigation. Sometimes the prosecution decision is not yet known.

How can I tell which court is handling a filed charge?

Charging papers and court notices generally identify the court and case number. A lawyer can review those documents with you and explain what proceeding they concern. If you have more than one set of papers, do not assume they all relate to the same court or deadline.

Can the same lawyer handle both proceedings?

That depends on the lawyer’s admissions and the courts involved. Attorney Ron Frey handles state and federal criminal matters, but representation in a particular court must be confirmed. During a free initial consultation, identify every known proceeding so the firm can discuss whether it can assist and whether other counsel may be needed.

Contact Us Today

Attorney Ron Frey handles state and federal cases in Florida, Ohio and North Carolina, including computer crime cases in North Carolina.

If you have a question regarding double jeopardy, or if you are facing criminal charges in federal or state court, please do not hesitate to contact Attorney Ron Frey, the firm’s internet crime lawyer, for a consultation.