Double jeopardy may impact case in New York State

On Behalf of | Mar 24, 2019 | Firm News, White Collar Crimes

People in New York may be well aware of the myriad of legal issues that have been plaguing the former campaign chair to the current President. However, they may not always understand some of the legal nuances involved in the cases, including in the recent case involving 16 criminal charges that have been initiated in New York State. 

Similar to the charges the man was recently sentenced for, the new case essentially revolves around an alleged scheme to defraud and involves allegations such as falsifying business records and mortgage fraud according to NBC News. The Fifth Amendment to the U.S. Constitution has a provision for what it calls double jeopardy. This essentially prevents a person from being tried for the same charge twice and prevents them from having multiple sets of consequences for the same charge. 

The State of New York has its own double jeopardy provision that is also designed to prevent multiple prosecutions for a single charge. When it comes to the multiple sets of consequences, however, it outlines a series of exceptions. 

The federal law has outlined the manner in which a case or charge can be considered the same or different from another one. In order to be different, a case must require some specific evidence that is not required in another case. It is unclear yet if either the federal or state double jeopardy laws will come into play in the new case against the defendant and how that may impact the ultimate outcome of the matter.