The majority of criminal law is state law, and most defendants who are charged with wrongdoing will thus be prosecuted in state courts. Outside of a limited array of serious offenses, like federal drug crimes, defendants will usually stand trial in a local county court in the state where an offense happened. In some cases, however, crimes occur across state lines or defendants commit different parts of an ongoing criminal offense in different locations.
When a defendant has violated the same law in different states and committed one or more ongoing crimes that violate the laws of multiple locations, there may be several states interested in pressing charges. Jurisdictional rules dictate which state courts have the authority to hear a defendant’s case. LV Criminal Law knows these rules and understands the impact they can have on the outcome of your criminal proceedings.
Many defendants lack the in-depth knowledge of criminal procedure rules necessary to make the most informed choices as they face charges. You do not want to jeopardize your future by failing to understand the procedural rules that could help you avoid conviction. To ensure you have a lawyer working hard to get you due process and to secure strategic advantages as you fight charges, contact a Las Vegas defense attorney at LV Criminal Law today.
A court must have personal and subject matter jurisdiction over a defendant in order for the court to preside over the defendant’s case and impose criminal consequences. In some cases, there is a court with exclusive jurisdiction- it is the only court with authority to make decisions on the subject at hand and to impose consequences on the individuals involved. In other situations, however, there are courts with concurrent jurisdiction.
When offenses are committed across state lines, the courts in both locations where the law was broken could have concurrent jurisdiction. Either state could thus have its prosecutors bring charges against the defendant and could seek to imprison the defendant or impose other consequences for the lawbreaking.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
When both states have concurrent jurisdiction, it would be neither fair or appropriate for a defendant to face trial in both states for the same criminal offense. Nevada Revised Statute 171.070 makes clear that defendants do not face this type of double jeopardy. The relevant state statute stipulates that either conviction or acquittal in any other state or territory is a bar to further indictment or prosecution for the same offense.
If you have been tried and either found guilty or not guilty, this means you cannot be tried again for the same crime by another state that would like to see you punished for the alleged wrongdoing. Prosecutors have only one chance to make the case against you. Once the case has been resolved with conviction or acquittal, you can move forward with your life and be confident you will not be charged again for the same alleged offense.
Jurisdictional rules are some of the most important rules of criminal procedure, because they determine what courts can impose penalties upon you. Nick Wooldridge knows the laws applicable to concurrent jurisdiction and we evaluate all rules of criminal procedure carefully to look for ways to help our clients gain advantages as they face criminal charges.
Our focus on every detail of the procedural rules, as well as the specific criminal acts you are accused of, ensure you get the most vigorous and comprehensive defense to charges. To learn more and to get a knowledgeable and compassionate Las Vegas defense lawyer working for you today, give us a call.