it is fair for the state of oklahoma to charge some one for felonies that the person already serve in another?
state of oklahoma arrested this person for resisting arrest and having a fire arm, now since he had record that he was arrested over 11yrs ago they want to charge him with those felonies again after serving his time.
- HrēodbēorðLv 69 years agoFavorite Answer
The Fifth Amendment to the Constitution prohibits prosecuting anyone for a crime of which that person has been acquitted except in some cases involving a bench ruling (where the judge dismisses a charge) and jurisdictional situations, such as suing the defendant in civil court after the person was found innocent in a criminal court [see State of California v. Orenthal James Simpson and Estate of Nicole Brown Simpson v. Orenthal James Simpson]. The jurisdictional clause also allows re-prosecuting a defendant who was found innocent by a court of one jurisdiction in a court of another jurisdiction if the case is warranted [e.g., filing in federal court after a finding of innocence in a state court]. However, under no circumstances may a defendant be re-tried if he has served his time in jail or prison, as you indicate in your question. However, anyone who has been convicted of at least two felonies anywhere is subject to having those convictions used against him for sentencing purposes. That is likely the situation with the person to whom you refer in Oklahoma.Source(s): http://www.answers.com/topic/double-jeopardy http://faculty.law.lsu.edu/ccorcos/biblio/simpson.... http://www.lectlaw.com/files/cas46.htm
- S.K.Lv 79 years ago
Make sure your person has a good attorney. If he does, the earlier charges for which he was already convicted and served time in another state will probably be dismissed, so he'll only be dealing with resisting arrest and possession of a firearm.
Although I have to ask, what the hell is he thinking, to have a gun when he's a convicted felon, and then resisting arrest for it?
- heneryLv 44 years ago
A criminal fee is distinctive than a conviction. criminal conviction, no gun, i think finding out to purchase a gun as a felon is likewise a criminal. There additionally are countless misdemeanor costs that would disqualify firearm possession. terrific wager, seek for suggestion from an lawyer
- esauntsisLv 49 years ago
Their probably charging him as Habitual Offender...a new charge because of the prior felony convictions...
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- 9 years ago
they shouldnt be able to but if they whant to theres not really much u can do to stop them