Can I Be Prosecuted Under State and Federal Law For the Same Crime?
By Robert Arentz | Published on September 7, 2011 | 0 Comments
Although it is possible for a person to be prosecuted for a drug crime under both state and federal law, Phoenix criminal attorney Robert Arentz of Robert Arentz and Associates says that instances such as this are extremely rare.
While it is legally possible for people to be prosecuted for crimes under state and federal law, it rarely happens. It is so rare, in fact, that Arentz is a criminal attorney in Phoenix who has never seen it happen in a drug case that he was a part of. In the United States, there are many different jurisdictions, and Arentz says there is rarely any reason why a person would be prosecuted under different jurisdictions for a single crime.
The most well known example of this type of issue is the Rodney King case, which took place in Southern California during the 1990s. Although the police officers involved in the case were acquitted of assault charges in California’s state court, they were prosecuted and eventually convicted of the crimes in federal court. Although this single case is a rare example of when state and federal guidelines collide, the Phoenix drug defense attorney uses it as an example because it was such a well-publicized case and most adults have heard about it before.
On the rare occasion when the issue does come up, it usually has to do with a drug crime of some sort. Arentz says that drug crimes can be very serious for people who are charged with possession of a controlled substance or the sale of a controlled substance. Although some states are beginning to decriminalize the use of certain drugs – or, at the very least, they seem to not be sending as many people to prison for drugs as they were in the past – this is not the case in Arizona.
The Phoenix drug defense attorney says that Arizona is still extremely serious about prosecuting people who have been caught possessing or selling drugs – even for first offense cases. A person in Arizona can go to prison for a first drug offense if the quantity is above a certain threshold.
When he is working with clients who have been charged with possession or selling drugs, Arentz will analyze the case at hand and find out how much evidence the police actually have. Based on this information – and depending on whether the police can actually show possession or knowledge of possession – he will make a decision on how to proceed with the case at hand.
Phoenix, AZ 85012
Phone: 602-773-2300
*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.