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My home was raided and marijuna was found. I was convicted from that evidence and sentenced to probation. I am now being charged in a federal conspirancy case and the Feds are using the same evidence in the Federal case. Is this legal and or ethical. I feel like it's "Double Jeopardy" however I am told it is a different charge or case.

2006-12-23 10:24:18 · 5 answers · asked by Hey Why! 1 in Politics & Government Law & Ethics

5 answers

Double Jeopardy deals with being charge with the same crime after being found not guilty. And yes the evidence can be used.

2006-12-23 10:57:59 · answer #1 · answered by Ranger473 4 · 1 0

I believe so. *IF* you were charged with conspiracy in the state case and have already undergone sentencing, then it seems like it would be "iffy" as to whether they could try you for conspiracy at the federal level. . . However, from your question it sounds more like they got you a posession charges or something similar at the state level. In which case they can absolutely try you for conspiracy. . . Not to scare you (I'm sure you are already plenty scared!), but I've heard that conspiracy charges are really tough to beat.

2006-12-23 10:49:13 · answer #2 · answered by foxydallas 2 · 0 0

Yes it evidently can unless you have a very good relationship with the judge or have a lawyer that has a judge that is a good friend.

2006-12-23 10:32:51 · answer #3 · answered by Anonymous · 0 0

Yes they can use the same evidence in a seperate crime.

2006-12-23 15:20:11 · answer #4 · answered by Anonymous · 0 0

of course.

2006-12-23 10:26:30 · answer #5 · answered by cork 7 · 0 0

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