Castle Rock Bank Robbery Attorney

Can I Be Charged Twice for the Same Crime?

Picture this: a woman takes a duffel bag into a bank in Castle Rock and tells the teller that there is a bomb inside her bag and she is going to detonate it if she does not receive money. Once the young lady has gathered the money from the teller, she gets into a car that her boyfriend is driving and the two speed off. A few miles away in Douglas County, Colorado, they are stopped and arrested.

Douglas County Bank Robbery: A Federal Crime

Bank Robbery in Castle Rock, Parker, and Highlands Ranch is both a Federal and state level crime. The federal statute that addresses bank robberies is Title 18 U.S.C. § 2113. Under that code, a person convicted of Bank Robbery in the Colorado Federal Courts can be sentenced to up to twenty years in prison.

Double Jeopardy in Highlands Ranch and Castle Rock Criminal Cases

An important thing to remember is that just because someone is arrested and prosecuted for a crime in the Federal court system, does not mean that the same person cannot then be prosecuted under Colorado law. Double Jeopardy is a right you have to not be prosecuted twice for the same offense. The text of the 5th Amendment to the United States Constitution states: “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” This means that if you commit an assault on a Denver Police officer, you cannot be tried twice for that same offense or charge.

Is Charging Someone on the Federal and State Level for the Same Crime Legal?

A commonly recognized exception to this requirement is that in Douglas and all Colorado counties, you can be charged both for a federal crime and a crime under the laws of the state of Colorado. For instance, let’s imagine that you are driving down the road, you are pulled over, and a Douglas County Sheriff deputy finds one kilo of cocaine on you. You could be charged in Colorado under C.R.S. 18-18-403.5. You could also be charged federally under Title 21 U.S.C. § 841(a). Either or both of the governments could rightfully charge and try to convict you without violating your double jeopardy rights. Double Jeopardy only protects you from multiple prosecutions under the same jurisdiction.

If you or a loved one have been charged with Robbery, be smart, exercise your right to remain silent, and contact the best Castle Rock Robbery attorneys from the O’Malley Law Office at 303-265-1950. Together, we can protect your future.