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Double Jeopardy?

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moniq1786

Junior Member
So a dear friend of mine is locked up in Cook County (IL) Jail for a criminal case that happened in Walworth County (WI). Now both Walworth and Cook County are charging him for the same stolen vehicle. The vehicle was stolen from Walworth and driven across state lines into Cook County. He was arrested in Cook County, yet I still don't understand how both states can charge him separately for the same crime. Should this not be just one Federal case?

Also as a side note. His Public Defender will not look at the records he wishes to present to the court. This can't be legal, so is it possible for him to petition for a new Public Defender in Cook County (IL)?
 


HomeGuru

Senior Member
So a dear friend of mine is locked up in Cook County (IL) Jail for a criminal case that happened in Walworth County (WI). Now both Walworth and Cook County are charging him for the same stolen vehicle. The vehicle was stolen from Walworth and driven across state lines into Cook County. He was arrested in Cook County, yet I still don't understand how both states can charge him separately for the same crime. Should this not be just one Federal case?

Also as a side note. His Public Defender will not look at the records he wishes to present to the court. This can't be legal, so is it possible for him to petition for a new Public Defender in Cook County (IL)?
**A: you can suggest to your dear friend to hire his/her own personal attorney.
 

BOR

Senior Member
So a dear friend of mine is locked up in Cook County (IL) Jail for a criminal case that happened in Walworth County (WI). Now both Walworth and Cook County are charging him for the same stolen vehicle. The vehicle was stolen from Walworth and driven across state lines into Cook County. He was arrested in Cook County, yet I still don't understand how both states can charge him separately for the same crime. Should this not be just one Federal case?

Also as a side note. His Public Defender will not look at the records he wishes to present to the court. This can't be legal, so is it possible for him to petition for a new Public Defender in Cook County (IL)?
The crime was "commenced" in WI, and "completed" in IL. WI has jurisdiction beyond any doubt. IL can only have jurisdiction if thier law states, and probably does, as I have read many states criminal law jurisdiction worded this way, if a crime is completed in that state, it matters not where it started. An Attorney of course would know this.

States are "seperate sovereigns" for DJ purposes, to clarify the matter even more, so if IL assumes jurisdiction and has statutory authority to do so, it does NOT trigger the DJ clause of the 5th AM.

IL law may also state if any part of a crime takes place there, whether completed or not, they can assume criminal law jurisdiction, and attorney will know.
 
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FlyingRon

Senior Member
Well depending on what he is charged with, it could be a separate crime. He could be charged with larceny in one state and possession or transporting stolen property in another.

There's no requirement that criminal acts that take place across state lines to be tried federally, but it does open the door to that option.
 

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