Q: If texas doesn't extradite on deemed incompetent by NM on fugitive warrant is it double jeopardy for tx to charge me
Tx burglary out state fugitive tried in Mexico open warrant for same burglary charge still in tx
A:
Double jeopardy, as defined in the U.S. legal system, refers to being tried twice for the same crime. It's important to understand that extradition and double jeopardy are separate legal concepts. If Texas chooses not to extradite you based on New Mexico's determination of incompetence, this does not necessarily constitute double jeopardy.
The key factor in double jeopardy is whether or not a person has been tried and acquitted or convicted of the same offense. If you have not been tried in Texas for the burglary charge, then Texas charging you for this crime would not typically be considered double jeopardy.
It's also noteworthy that each state has its own laws and processes. The decision of one state does not automatically bind another state, especially in matters of criminal charges and trials.
If you're facing a situation like this, it's advisable to seek legal counsel. A lawyer can provide specific guidance based on the details of your case and the relevant laws in Texas and New Mexico.
Remember, legal issues can be complex and vary greatly based on individual circumstances. Getting personalized legal advice is crucial in navigating such situations effectively.
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