Denham Springs, LA asked in Criminal Law for Florida

Q: Is it legal to be charged for the same charge in two different states

Related Topics:
1 Lawyer Answer
Jeffrey H. Garland
PREMIUM
Answered

A: Yours is a complex question suitable for law school. The starting point would be the status of the two states as sovereign entities under the US Constitution. Each State has the right to enforce its laws. The limit of a State’s power to prosecute is likely a product of both jurisdiction and due process. The State court jurisdiction is probably set by its own constitution and statutes. If either, or both, of the States do not have jurisdiction under its own law, then one or both States would lack jurisdiction to prosecute. Regardless of the State law, federal due process, equal protection and privileges and immunities would likely prevent a State from prosecuting a citizen of another State when the alleged crime causes no criminal effect in the prosecuting State, and when there is no intent for a criminal effect in the prosecuting State. The opposite could be true if the is an effect, or an intent to cause an effect, in multiple States. In such a situation a person could be subject to prosecution in more than one State, and possibly by the federal government as well. What you call the “same charge” may be a point of confusion. Each of the various States has its own criminal code, as does the federal government, so the prosecution of similar crimes in different States could not be the “same charge” because of differences in criminal codes and constitutions, application of federal constitutional principles. As an example, a person standing just inside Florida could shoot at a person just inside Georgia with intent to murder. Both States would have jurisdiction to prosecute, but under different statutes and for different jurisdictional reasons. Alabama couldn’t prosecute for the shooting if there were no effects in Alabama. But if there were a conspiracy to commit murder, which spanned all three States, then all three could prosecute the conspiracy. Not sure why you would be interested in this, but I hope this is helpful.

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.