Because state/county and federal governments are separate “sovereignties”, double jeopardy does not preclude criminal re-prosecution of the same/similar offense(es) in either jurisdiction. This usually manifests when there has been an acquittal or pre-trial resolution in prior proceedings about which the Prosecution is unhappy. While infrequent, such re-prosecution does happen. More frequent are inter-jurisdictional transfers of prosecution from state to federal, or federal to state court, prior to any disposition. This is fairly common in firearms cases (especially felon-in-possession or armed career criminal matters); financial-crimes cases such as mail, wire, and healthcare fraud, in which alleged loss amounts exceed a certain threshold (e.g. $200K + ); child pornography cases where the volume and nature of alleged Child Sex Abuse Material ( CSAM) is deemed excessive and extreme; human trafficking; and /or sex offenses involving minors in which interstate transport or commerce is alleged to have been affected. Because of this, if you are charged in state court with a serious felony offense, it is important to consult with an experienced criminal defense attorney who has background, familiarity, and in-depth knowledge regarding courtroom practices and procedures both in state and federal court, not only to be sure you are properly advised about the potential increased criminal exposure and enhanced sentencing jeopardy in cases involving parallel jurisdiction ( particularly because the penalties and sanctions for federal criminal violations are often stricter than state statutes governing the same/similar conduct), but also in the event that jurisdictional transfer might be under active consideration.
Brad Bailey is a former state and federal prosecutor who is admitted to practice in state and federal courts in MA, NH, and NY. Now in his 43d year of active practice, Brad defends all types of serious felony cases in both state and federal court, including Murder, Rape/Sex Assault, Human Trafficking, Drug Trafficking, Internet Crimes, and Financial/White Collar/Fraud cases.
Call (617) 500-0252 to request a consultation today.