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Computer / Internet Crimes in Both State and Federal Court

The Frey Law Firm, LLC Team

At the start of a criminal investigation, one of the biggest questions is whether the case will be prosecuted by state or federal authorities. This is not always clear from the outset. One of the surprises for most clients is the fact that many types of alleged criminal conduct can be prosecuted under both state and federal law. Perhaps more surprising is the fact that a person can be prosecuted by both state and federal authorities, at the same time, for the same alleged conduct. Although it would seem to be a clear case of double jeopardy, it is not.

A defendant can be charged in both state and federal court. The state and federal government may separately prosecute an individual, or entity, when the alleged conduct violates a particular law within the respective jurisdiction. The dual prosecution is permitted pursuant to the Dual Sovereignty Doctrine of the Constitution.

The Fifth Amendment Right Against Double Jeopardy

Although the Double Jeopardy Clause of the Fifth Amendment states that a person cannot be prosecuted twice for the same offense, the Dual Sovereignty Doctrine is an exception to the Double Jeopardy Clause. If a crime is allegedly committed in each individual jurisdiction (state/state and/or state/federal) a person or entity can be charged or indicted within each respective jurisdiction.

Although it is often the case that criminal conduct can be prosecuted in a number of jurisdictions, it is common that a singular jurisdiction takes the lead in the matter and prosecutes the case. This is done for variety of reasons, but is always a case specific inquiry.

Jurisdictional issues are an important consideration to the defense of any allegation in the criminal justice system. The penalties can vary widely from one jurisdiction to another, even though the proscribed conduct is nearly identical within the statutes.

Contact Us Today

If you have a question regarding double jeopardy, or if you are facing criminal charges in federal or state court, please do not hesitate to contact Attorney Ron Frey, the firm’s internet crime lawyer, for a consultation.

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Ron was reliably reachable and knowledgeable about the intricacies of the legal ramifications in my case. This was a criminal defense case for possession of child...

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I hired Ron to represent my son who was charged with a serious federal crime. Due to the nature and seriousness of the charge, I needed absolute confidence in my son’s...

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Mr. Frey is an excellent attorney! Not only is he extremely knowledgable, Mr. Frey was very responsive and attentive to all of my questions and explained everything so...

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Ron Frey is not just an attorney, but he became an integral extension of our family this past year. As we prayerfully searched for an attorney, on a Sunday afternoon, he...

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My case was unique, and difficult. It was from 36 years ago, when I was 22 years of age. I had just moved to Cleveland, Ohio and I unfortunately found myself in the wrong...

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I did not know what to look for in a defense attorney, but based on the first two meetings, Mr. Frey was honest in his communication, and very direct about the process...

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Mr. Frey promptly started work on my case after my initial contact on the phone (August 2009). He was thoroughly prepared and professional throughout my entire case at...

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Attorney Ron Frey is great, very informative and he certainly knows his stuff. I called to ask for advice and he made me realize that I needed a lawyer for sure. He...

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I hired Ron a year ago and he immediately worked so hard on my case. He showed compassion and understood that my “offense” was nothing but misunderstanding gone horribly...

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Ron helped my son a couple times and I am extremely happy at how Ron moved forward with the cases and kept us informed all the way throughout the process. If my son or...

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Ronald Frey is an excellent lawyer and I would highly recommend him to someone in need of his skills. In his specialty area, Ron knows the law completely, and has the...

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Mr. Frey did an amazing job! I couldn’t have asked for a better attorney. At one of the lowest points in my life, Ron was there for me. He did such a terrific job. I...

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Mr. Frey’s intelligence and expertise proved to provide me with the best legal representation. Without his guidance and defense, I would not have an successful outcome…

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