Q: can you be charged rico violation, trafficking, and running criminal enterprise. double jeopardy???? state level Florida
a person was charged with trafficking cannabis, trafficking herion, then got upgraded with rico and also running a criminal enterprise. she used the trafficking as predicate acts which they allowed to do in fl. but they using those some felonies for the running a criminal enterprise. Mind you all of this is state level. but now the person being persecuted double for the same crime
A: Double Jeopardy is a fairly technical area of law that experienced lawyers know how to deal with. There is a big mis conception to non-lawyers of exactly how this works. You need to contact a local attorney and explain your facts to him or her. I believe that any good criminal attorney will spend the time necessary to explain your situation, what double jeopardy really means and advise you on how to move forward. I always recommend a local attorney who knows the prosecutors and local rules. This is a good question and I urge you to call an attorney where the case is being prosecuted. Please do not post any specific facts about the case online as the government may find it, and if they do they will absolutely use it against you. Google attorneys in the county of the the case and do your research and hire someone you feel comfortable with. In my opinion an attorney will give you a free consultation to help guide you in the right direction. Best of luck.
Henry George Ferro agrees with this answer
A: These are the kind of charges where you definitely need an experienced lawyer. In general, there is no double jeopardy problem with the charges, but there may well be for sentencing. There could be distinct advantages to having a RICO charge if the RICO charge trumps the trafficking mandatory minimums. Your question involves highly complex issues of law, as well as the underlying facts. I urge you to meet confidentially with an experienced lawyer to go over these matters.
Henry George Ferro agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
