// Federal @ State Court // You can be Prosecuted for a State Offense then Stand Trial for the Same Act in Federal Court // It doesn’t matter whether you’ve already been prosecuted by one jurisdiction // Nor does the outcome matter // You can be prosecuted in state court for the state offense and then stand trial for the same act in a federal court if it is also a federal offense // Timothy Da'shaun Taylor and Family - Several People have been Tried in Both State and Federal Courts for the same crime //

// Federal @ State Court // 

Is it Double Jeopardy to Charge a Crime at Both the State and Federal Level?

No. Double jeopardy and “dual sovereignty” are completely different concepts. Nothing prevents competing state and federal agencies from bringing similar criminal charges arising out of the same act against a single defendant so long as a crime can be charged at both the state and federal level.

Double jeopardy only applies to one jurisdiction at a time. A state government cannot bring a second prosecution against you for the same state crime once you’ve been acquitted. The same goes for the federal government regarding a federal offense.

What Does “Dual Sovereignty” Mean?

The concept of dual sovereignty means the federal and state governments may both prosecute you for a crime without violating the constitutional protection against double jeopardy if your act violated both state laws and federal statute.

If murder is committed within the borders of a state, that state has jurisdiction. If the victim is a federal or foreign official, or if the crime took place on federal property or involved crossing state lines, or in a manner that substantially affects interstate commerce or national security, the federal government also has jurisdiction.

In the above example, the Utah sheriff’s deputy was assisting a federal investigation of drug trafficking by providing local surveillance of the suspect eventually charged with her murder. She was murdered in the state of Utah, so Utah maintains jurisdiction.

However, since it is a separate federal offense to intentionally kill a local officer assisting in a federal investigation, the U.S. government also retains jurisdiction. Thus, the suspect can be prosecuted in both a state murder case and a federal murder case.

Does it Matter if You’ve Already Been Prosecuted By Either the State or the Federal Government?

You can be prosecuted for a state offense then stand trial for the same act in federal court.

It doesn’t matter whether you’ve already been prosecuted by one jurisdiction, nor does the outcome matter. You can be prosecuted in state court for the state offense and then stand trial for the same act in a federal court if it is also a federal offense. If you are convicted in both jurisdictions, you can be punished by both courts.

This doesn’t happen very often when the first jurisdiction convicts you and the resulting sentence is death or life in prison, as is the punishment for first-degree murder. There isn’t much point in the other jurisdiction prosecuting you since the punishment upon conviction is generally the same.

However, as this recent example from Utah demonstrates, just because one government fails to convict you where dual sovereignty applies, doesn’t mean the other government can’t try. It’s not a “do-over.” It’s not “double jeopardy.” It’s perfectly legal.

                                TIMOTHY DA'SHAUN TAYLOR 

                                  JUSTICE IS  CALLING 

Several people have been Tried in Both Federal and State 

Courts. Why should Da'shaun Taylor be any different !