In an interesting case, a Utah man is facing federal charges after he was already acquitted in a state court of allegedly killing of a sheriff's deputy. Prosecutors have filed papers that charge the man with 11 different federal charges. The request for a federal trial has been approved and the man will now face the legal process for these federal charges. The prosecutors have claimed that the charges he now faces are distinctly different from the charges for which he was acquitted.
The defense team for the defendant claims that the new charges constitute "double jeopardy." This is a legal statute that can protect an individual from being charged twice for the same crime. He has asked that nine of the federal charges be dropped. The defendant was arrested after the shooting of a Utah sheriff's deputy. In addition to murder charges, he is also facing charges for weapons, drugs and entering the country illegally.
These federal charges are extremely serious and could result in severe repercussions for the man. If he ends up being convicted for any of these charges, the man could end up facing an extensive prison sentence and other penalties. Apparently, some of the federal charges are similar to those for which the man has already been tried and acquitted.
The defense team for this individual will likely challenge the federal charges on the basis of double jeopardy. To challenge these charges, it will require an in-depth knowledge of both state and federal laws. Even in the most complex of criminal cases, an individual should not have to face two trials for the same charges and has the right to pursue every legal avenue to challenge this type of circumstance.
Source: Daily Journal, "Federal prosecutors defend charges against man acquitted by state jury in Utah deputy killing", Michelle L. Price, May 29, 2014