Oklahoma City, OK asked in Criminal Law for Oklahoma

Q: I was recently facing a poss. Of CDS with intent in McClain county but had it dismissed on technicality of the Mcgirt

Law so now Chickasaw tribal courts has picked up the case after it was dismissed is this double jeopardy no person shall be tried twice for the same crime

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1 Lawyer Answer
David A. Cincotta
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  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: No. First, your case in McClain County was not tried (at least by the way you describe it). Rather, it was dismissed prior to trial. In that situation, jeopardy in the first case never attached, so double jeopardy is not an issue. Second, double jeopardy only prevents you from being tried twice by the same sovereignty. The tribe is a different sovereign than the State, so that too would make double jeopardy not an issue here.

You will need an attorney for your case in tribal court, so look for a criminal defense attorney who is licensed to practice in the Chickasaw Tribal Court.

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