CALL NOW - 24/7 (813) 775-2276

Available 24/7 to help

We are committed to providing our clients with the strongest defense against the charges they are facing. Turn to The Frey Law Firm, PLLC to schedule a free initial consultation.

‭(813) 775-2276

[email protected]




    The Frey Law Firm The Frey Law Firm
    • About
    • Areas of Practice
      • First-time Offenders
      • Computer & Internet Crimes
      • White Collar & Financial Crimes
      • Federal Offenses
      • Sex Offenses
      • Professional Licensing
      • Drug Charges
      • Theft Offenses
      • Violent Crimes
      • DWI & Traffic Violations
      • Appeals
    • Locations
      • Tampa, Florida
      • Charlotte, North Carolina
      • Cleveland, Ohio
    • News
    • Contact
    Free consultation

    Paul Manafort and Double Jeopardy?

    March 13, 2019 trait News 198 comments

    Following his sentencing hearing in his second federal case, Paul Manafort was indicted by a Manhattan grand jury on state charges. What about Double Jeopardy?

    At the start of any criminal investigation, attorneys attempt to determine whether the case will be prosecuted by state or federal authorities (or both). This is not always clear at the outset, especially with all of the joint task forces that incorporate multiple agencies into an investigation.

    It may come as a surprise to many that alleged criminal conduct can often be prosecuted under both state law and federal law. Further, a defendant can be prosecuted by both state and federal agencies, at the same time, for the same alleged conduct. Although it seems to be double jeopardy, it is not.

    Defendants can be charged in both state and federal court. The state and federal government are able to separately prosecute an individual, or entity, when the alleged conduct violates a particular law within their respective jurisdiction. Dual prosecution is permitted due to the Dual Sovereignty Doctrine of the Constitution.

    The Fifth Amendment Right Against Double Jeopardy

    The Double Jeopardy Clause of the Fifth Amendment provides that a person cannot be prosecuted twice for the same offense. However, the Dual Sovereignty Doctrine is an exception. If a crime is allegedly committed within each individual jurisdiction, as is often the case, a person or entity can be charged or indicted within each respective jurisdiction.

    Although alleged criminal conduct can often be prosecuted in a number of jurisdictions, it is common that a singular jurisdiction takes the lead.

    Only time will tell whether Paul Manafort has any potential Double Jeopardy claim or defense, or if there is any significant overlap with respect to the alleged criminal conduct. However, at the outset, it seems unlikely in light of the Duel Sovereign Doctrine. That said, the practice of prosecuting defendants in multiple jurisdictions, for the same alleged conduct, is controversial and ripe for continued appellate challenge.

    Double Jeopardy, Paul Manafort and Dual Sovereignty
    Read More

    Paul Manafort and the Impact of Pretrial Detention

    June 15, 2018 trait Legal, News No comments yet

    Earlier today, Paul Manafort was ordered detained by a federal judge after his bond was revoked for violating the terms of his pretrial release. Pretrial detention can have a significant impact upon the strategy employed during a case, as well as the ultimate outcome.  (more…)

    Read More
    Recent Posts
    • Hillsborough Sheriff Unveils Body Cameras in Tampa August 17, 2020
    • Tampa Criminal Attorney Ron Frey August 17, 2020
    • “Are my Communications Wiretapped?” July 5, 2020
    • Hillsborough County Bar Association Event in Tampa September 12, 2019
    • All Charges Dismissed Against Air Traffic Controller & Firefighter August 22, 2019
    Categories
    • General (7)
    • Hillsborough (1)
    • Legal (15)
    • News (17)
    • Reviews (1)
    • Social (5)
    • Tampa (1)
    • Tampa (1)
    • Tampa (1)
    Tags
    arrest (1) Attorney (3) bail (1) Bar (1) bond (1) consultation (1) criminal defense (5) custodial interrogation (1) Custody (1) cybercrime (1) detention (1) exclusionary rule (1) Fifth Amendment (1) Florida (1) Frey (4) frey law firm (2) FreyLegal (1) hillsborough (3) internet crime (1) Interrogation (1) launch (1) Lawyer (3) live (1) manafort (2) Miranda (1) motion to suppress (2) periscope (1) pretrial (1) Right to Counsel (1) Right to Remain Silent (1) ron frey (2) search warrant (1) sex crimes (1) sharing (1) social (1) streaming (1) tampa (4) tampa criminal attorney (3) Tampa Criminal Defense Attorney (5) tampa Criminal Lawyer (7) tampa law firm (3) technology (1) veterans court (1) video (1) website (2)
    Areas of Practice
    • First-time Offenders
    • Computer & Internet Crimes
    • White Collar & Financial Crimes
    • Federal Offenses
    • Sex Offenses
    • Professional Licensing
    • Drug Charges
    • Theft Offenses
    • Violent Crimes
    • DWI & Traffic Violations
    • Appeals
    Contacts

    Main Number (24/7 Call or Text)
    (813) 775-2276

     

    Toll-free Number (24/7 Call or Text)
    (844) 766-3739

     

    Email
    [email protected]

    Locations

    The Frey Law Firm, LLC
    625 East Twiggs Street, Suite #101A

    Tampa, Florida 33602

    ‭(813) 775-2276

     

    The Frey Law Firm, LLC
    Charlotte, North Carolina
    (704) 774-3026‭

     

    The Frey Law Firm, LLC
    Cleveland, Ohio
    (216) 400-8027

    InternetCrime.com

    © 2018 by The Frey Law Firm, LLC. All rights reserved
    • Disclaimer
    • Privacy policy