If you Plead guilty to drug conspiracy and get probation, can a federal court charge you again?

Question

Please give examples, if available?

Answer 1

You can be charged repeatedly until you are tried. After that, they can't charge you with the same crime again. So, if you have probation, that's the end of that. However, you will be watched more closely so if you stray from the straight and narrow, you're more likely to get caught.

Answer 2

There is a general rule of "double jeopardy" where you are not supposed to be charged twice for the same crime. But I have seen multiple cases where this public expectation has been violated.

The truth is that the SAME political jurisdiction (which state, local, etc. government) can only take you to court one time for the SAME crime as stated in the ordinances, for a particular incident.

So you could be charged for a particular crime by local authorities, your case resolved, then you charged again for the same identical crime by a different branch of government.

In general practice this only happens under one of three sets of circumstances.
* The feds think the state screwed up, and now they going to fix the situation ... example in civil rights abuse cases, the feds might think the local level is corrupt or not taking strong enough action
* The judicial authorities think the legislature left a loop hole where too easy for some criminals to get off, so they want to get a particular bad guy off the streets and keep them off. I have heard about this in sex crimes especially.
* There is a political bias, where several branches of government have motivations contrary to their constitutional obligations. This is especially true in union management cases.

Answer 3

Technically, you're asking if the double jeopardy clause of the 5th modification comes into play. meaning, you won't be able to be tried two times for an analogous crime. nicely, if a guy or woman plead responsible to a criminal offense in STATE court docket, (possession) and there became a concurrent (same/comparable) statute decrease than FEDERAL regulation (conspiracy) that he could be charged with, the guy could nicely be tried back decrease than the FEDERAL regulation. it is through fact the federal government and STATE government are seen separate sovereigns. of direction you additionally can advise can the court docket exchange the sentence in case you compromise for the plea negotiations from the prosecutor. if so, technically, confident. The decide CAN refuse to settle for the negotiations - despite in the event that they generally do no longer. meaning you pass to trial on the 1st value (Consipiracy) and toss the deal out the window (possession). regardless of the undeniable fact that, in case you plead responsible the decide could exchange the sentence of the plea settlement. back, they generally do no longer try this. wish it facilitates... --Z--

Answer 4

Yes, I can't give specific examples, but at the very least if it's a criminal conspiricy they can get you using RICO. The fed's try you under different statutes than the state. It's their way of skirting the constitution. They started that crap back in the '60's when southern state's courts would not convict klan members in the homicides of J!g@b00's. By the way I am THE ALL AMERICAN!!!

Check out the movie "Mississippi Burning"!

Answer 5

Normally something called the "double jeopardy" rule applies. You cannot be charged for the same crime twice, but you can be charged with the same charge twice for two different crimes that are similar in nature, but not identical.

there is also something called ultra vires -- ect.. which has some laws and crimes as superceeding other laws and crimes - each crime will be outlined, a charge for one crime usually will not overlap with another, so exact charges should usually occur - for instance simple assualt - should not also be aggravated assault and assault with a deadly weapon as well as battery as one charge to the extent of the actual charges should be sufficient to "surmount" the act that occured. But in instances where there is not a "larger" crime that encompasses all acts, multiple charges may exist - even though it is in support of one crime other charges may apply.

In the case of "jurisditions - if the conspiracy happened in multiple jurisiditions especially internationally then technically multiple charges might exist , but for grounds of extradition or other sentencing the charge which involves multiple courts jurisiditional grounds may or may not treat the crime as a seperate instance or rule the other courts finding as being sufficient - but depending on the nature of the crime court proceedings may occur in the other jurisditiction if the laws themselves have different offences outlined. - even though there was only one act. That is a crime in one jurisidition may not be a crime in the other - and even though you are charged initially in one jurisdition a warrant may be issued in another.

Generally though a common practice is to only try a person once for each instance of a crime - although some jurisditions do not have double jeopardy rules.

also note though that charges can sometimes be changed and while you are suppose to be protected from self incrimination some jurisdictions have the practice of levying charges wilst the court process is occuring - so that if you demonstrate yourself to have committed another crime in court then you may have charges for that leveled against you.


see also
Blockburger test

for more info see http://www.princeton.edu/~lawjourn/Fall97/II1yuhan.html


e.g.: http://www.wisbar.org/res/capp/z1996/96-2990.htm


what it comes down to IMO - not necessarily legal opinion --- of the courts involved - is - if you are being charged WITH THE SAME offense twice double jeopardy applies - even if there is dual soverenty involved - as it is the Fifth Amendmentof the Constitution and the US supreme court has Ultra VIres over the state courts.

IT IS DOUBLE JEOPARDY IF IT IS THE SAME CRIME AND BECAUSE OF THE DOUBLE JEOPARDY RULE IN THE CONSTITUTION YOU SHOULD NOT BE PUNISHED TWICE FOR THE SAME OFFENSE.


See: "Supreme Court "incorporated" the clause under the Fourteenth Amendment, meaning that state courts were now required to honor the protections of the Fifth Amendment in state criminal proceedings as well."


IF IT IS THE SAME OFFENCE REGARDLESS OF JURISDICTION AT COMMON LAW IT IS DOUBLE JEOPARDY.

NOTE IF IT IS A DIFFERENT OFFENSE THEN DOUBLE JEOPARDY DOES NOT APPLY

REGARDLESS OF SOVEREIGNTY DOUBLE JEOPARDY APPLIES IF IT IS THE SAME OFFENSE.

BUT DIFFERENT SOVEREIGNTIES MAY HAVE DIFFERENT OFFENSES TO COVER GROUND NOT COVERED BY ANOTHER OFFENSE. IF YOU ARE CONVICTED OF ONE OFFENSE WHICH HAS THE SAME CHARACTERISTICS OF THE BLOCKBURGER TEST YOU SHOULD NOT BE TRIED A SECOND TIME ESPECIALLY IF THERE ARE NO NEW ISSUES OF FACT. YOU HAVE ALREADY BEEN TRIED. THE US CONSITUTION IS ULTRAVIRES ANY STATE LAW. THE USSC HAS THE POWER TO OVERRULE STATE FINDINGS AND IS A COURT OF APPEAL TO THE STATE COURTS.

THE 6th AMMENDMENT APPLIES, regardless of limited nature of an act - and you are not accountable to be punished for the same offense twice. PERIOD.


it is also related to due process. If the spirit of the law which constitutes the charges themselves is identical then it is a duplication of process - and it is double jeopardy regardless of the dual nature of the powers the identity is the same, STATE and Federal laws are not meant to be dualities which see double jeopardy applied but meant to fill spaces the other does not. While an act can be "similar" for instance for civil rights violations vs. assaults they are two seperate instances, but if the offence in both cases is drug conspiracy - and the state offence is also drug conspiracy then IT IS DOUBLE JEOPARDY if the spirit of the law is the same in regard to the scope of the criminalized act - and value of due process would be violated.

don't listen to the crackjobs who say the constitution ever doesn't apply. DOUBLE JEOPARDY AND DUE PROCESS ALWAYS APPLY IF YOU ARE IN THE US - if it doesn't - you are not in the US.

Answer 6

If you violated both the state drug laws and the federal drug law -- then yes.... you can be convicted separately and sentenced separately at the state and federal levels.

States and the federal govt are separate sovereigns, with separate court systems -- so double jeopardy doesn't apply because it is not the same authority trying you again.

Answer 7

I guess if there are dynamics in the case that falls under their jurisdiction such as state to state trafficking, or if you used the U.S. Mail to move drugs or plot a drug transaction. I am guessing but I am sure you can be charged within your state and federally regarding dynamics of your crime.

Answer 8

No they can't for the same crime. If you committed the same crime again, and were arrested again, the obvious answer is that once you have been convicted to drug conspiracy in one case, doesn't give you an out in all other cases!

Answer 9

the violation of the law may have state and federal charges.you can be tried for the same thing twice because there are 2 different laws broken

Answer 10

Double jeopardy does not apply in state vs federal cases