New York City, NY asked in Criminal Law for Florida

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

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2 Lawyer Answers
Terrence James O'Sullivan
Terrence James O'Sullivan
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

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

Jeffrey H. Garland
Jeffrey H. Garland
PREMIUM
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

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

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