Albuquerque, NM asked in Federal Crimes for New Mexico

Q: Can a person in the state of new mexico be charge with the same crime for federal and state? Meaning double jeopardy

My boyfriend is being charge with federal and state on a gun charge but he is a felon and the gun wasn't found on him cops found a gun on the roof but never saw him with a gun nor or attempt to toss the gun. So my other question is how can they charge him with a gun if they never saw him with it?

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2 Lawyer Answers
Stephen Aarons
Stephen Aarons
  • Santa Fe, NM
  • Licensed in New Mexico

A: Sadly federal and state prosecutors may both charge without violating the Double Jeopardy Clause and they can charge without catching your husband in possession. It is reasonable to infer that the firearm did not fly onto your roof by itself.

Gary Kollin
Gary Kollin

A: He has an attorney who knows all the alleged facts including whether there is DNA or fingerprints.

I am certain that this was discussed with him.

Also there is dual sovereign prosecution allowed.

A case to overrule that is before the Supreme Court and will be decided by the end of June 2019

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