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Once released from serving time in a federal prison for a specific crime could you be arrested for that same crime by the state the crime was committed in and then sent to state prison?
Wiki User
∙ 14y ago
The Fifth Amendment of the U.S. Constitution protects people from being prosecuted twice for the same offense. This is called the Double Jeopardy Clause.
So, no, the state should not be able to prosecute for a substantially similar crime.
However, if the state crime is not substantially similar to the federal crime, then its not considered double jeopardy. For example, person x breaks into a house and kills person y. The feds arrest person x for burglary. The state arrests the person for murder. These are considered two distinct crimes even though the person committed both of them essentially at the same time.
Alex Peloquin
Fluet and Huber Law
Wiki User
∙ 14y ago
Yes, it is possible for a person to be charged and convicted for the same crime by both federal and state authorities since they are separate jurisdictions with their own laws and prosecution systems. Serving time in federal prison does not prevent state authorities from pursuing their own charges and sentences for the same underlying offense.
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Rapper T. I was arrested on federal gun charges in 2007. He was caught with 8 unregistered guns and marijuana the day he was arrested.
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