Submitted by thindoug on Thu, 04/22/2010 - 08:19
Hello. I'm currently being prosecuted for a gun possession in Massachusetts without a firearm identification card. Now it seems like the federal prosecutor also wants to bring charges for the same thing based on the same arrest. Isn't that illegal because I am already being tried by a state court in MA?
Read Similar Questions
- Possession of drug paraphernalia in MA for rolling paper?
- Do convictions from other states count as a prior offense?
- Keep MA criminal charges off my record
- Minor in possession of alcohol charges in MA
- How long is arrest warrant valid in MA
- Search of vehicle under MA law
- Aggravated felonies for immigration deportation in Massachusetts
- citizens arrest
- Failure to Show at Court
- Defending against drug possession charges in MA
Recent Posts about Massachusetts Laws
| Forum | Last post |
|---|---|
|
I have a lease until June 2012, but I am very unhappy with my living situation, I pay half of the rent. I am a....
I cannot answer this question based upon your statement. Who are they....
|
2/8/2012 11:00 by Alexm2012 |
|
Is it legal for Massachusetts employer to send a SALARIED employee home for the day, without pay, for a dress ....
Federal and Massachusetts courts have upheld employee dress codes as l....
|
2/8/2012 09:09 by Munsterwoman |
|
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
I'm very sorry about your situation and the ordeal your family is goin....
|
2/7/2012 23:02 by gramy |
|
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
|
2/7/2012 08:18 by Adam13 |
|
Hi everybody.
I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
|
2/6/2012 13:50 by ilya980 |
|
I've been helping a friend pay for a lawyer to go to probate court.
Her ex-Boyfriend, whom she is taking to c....
|
2/6/2012 12:21 by rbiddle |
|
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so. In terms of civil liability (as opposed to cri....
|
2/3/2012 07:17 by Coller |
|
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
|
2/2/2012 18:50 by JGraul |
|
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
|
2/2/2012 08:07 by Sister6 |
|
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
|
1/24/2012 11:47 by RRM |
|
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
|
10/2/2011 18:37 by Anonymous |
Editor's Response
In the case of U.S. v. Halper, 490 U.S. 435, 440 (1989), the United States Supreme court stated that "the Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense. However, the clause does not typically apply when the federal government attempts to prosecute a defendant for a separate federal crime, even if that crime is similar to the state crime that the defendant has been tried for or convicted of at the state level, and even if the second prosecution is based on the same underlying illegal conduct.
This sounds like a very serious offense. Penalties for violations of federal gun crimes can be stiff indeed. If you do not already have one, contact a MA criminal defense attorney now. He or she can give you a better of understanding of whether the federal prosecution will jeopardize your rights and, if not, how you should defend yourself against the charges. Good luck.