4 ms·
Two different charges, not the same one. You can plead to unlawful firearm possession, or take a chance with unlawful firearm possession, brandishing a weapon a
by HWR_14 2y ago
Two different charges, not the same one. You can plead to unlawful firearm possession, or take a chance with unlawful firearm possession, brandishing a weapon and armed robbery.
- _DeadFred_ 2y agoIt's convient how the Federal version and the State version on of the law for the exact same act differ just enough that 'they are totally not the same and don't violate double jeopardy' if you are retried for the same exact act in both jurisdictions. The justice system has 'by the strict definition' not 'the spirit of it' removed a lot of our constitutional rights.
- HWR_14 2y agoThe state and federal law don't have to differ at all. The Supreme Court ruled in 2019 that the laws can be 100% the same and you still can get charged by both the state and the government. They ruled that the spirit of double jeopardy only applies within the same government entity. Some states forbid filing charges if the federal government already did.