Can I face state and federal charges for the same crime?

| by Max Soni

Last Updated on: 30th August 2023, 06:43 pm

Can you get charged twice for the same crime? This is a tricky question. Many people wonder about it and ask us. It’s a tricky legal question. Most people assume that the Fifth Amendment prevents it – “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” What does this mean? It sounds like double jeopardy is not allowed! But here’s the issue: state charges and federal charges are considered separate.

Unfortunately, you can get charged twice for the same crime.

This is due to the fact our government was setup on “dual sovereignty doctrine” – the idea that federal and state governments are separate entities.

A crime like robbery, violates both state and federal laws against theft and federal laws protecting interstate commerce. States are interested in prosecuting crimes locally, while the feds care about crimes affecting the nation. Crimes that cross state lines are prosecuted by the federal government, but the individual states themselves can prosecute the person committing the crime as well.

The Supreme Court upheld the idea of dual sovereignty back in 1959. Defendants in criminal cases who had pled guilty to a state charge challenged a second federal case but lost. The Supreme Court said states and the federal government draw power from different sources so they can prosecute as separate sovereigns for the same crime. Bottom line, don’t assume you can only be prosecuted once for the crime. Both the feds and state authorities will try to claim their pound of flesh and come after you.

This doctrine is still valid today. There are many crimes that can lead to state and federal charges – money laundering, drug trafficking, civil rights violations, even murder. If a state fails to properly prosecute a crime, or lets someone off too lightly, the feds might step in and prosecute the case. They are not afraid of overstepping. In some cases – the state authorities will allow the feds to take over- because the federal prosecutors have far more resources.

The Court has said sham or vindictive prosecutions designed just to get a second bite at prosecuting won’t fly. Your federal attorney can try to get sentences served at the same time. And they might find sympathetic judges willing to rein in overzealous prosecutions.

Some experts think dual sovereignty gives too much power to prosecutors. But it remains standard practice. So for now, the federal justice system looks at both state and federal prosecutions as two separate prosecutions that can be allowed to go on, concurrently. A completed state case doesn’t stop the feds from stepping up to the plate later on.