Full question:
I have previously been cited for violating a Sheridan city municipal ordinance (keeping horses less than 100' of a residence). If I violate this ordinance again and if cited again can the prosecuting attorney claim 'res-judicata' and is the burden of proof on me if I plead not guilty?
- Category: Criminal
- Subcategory: Pleas
- Date:
- State: Wyoming
Answer:
If this is a criminal matter, the prosecutor must prove the case beyond a reasonable doubt if you plead not guilty. A new criminal charge still must be proven if it is charged as a separate charge and not a continuing violation of a previous charge. In some cases, violations of an ordinance are civil rather than criminal matters. It is possible at a criminal trial, the prior conviction may be introduced. Prior bad acts are sometimes allowed as evidence in a criminal case as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
The same defendant may be tried, in some cases, by more than one government without violating double jeopardy. Each state government is considered to be a separate government. The federal government is a government separate from state governments. The United States Supreme Court has held that two separate states may convict a person for the same offense without violating double jeopardy. The United States Supreme Court has held that the federal government and a state government may convict a person for the same offense without violating double jeopardy.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
