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 charge is treated as a separate case, not a continuation of the previous one. In some instances, ordinance violations may be civil rather than criminal.
At a criminal trial, your prior conviction could be introduced as evidence. Previous offenses may be relevant to show motive, intent, or other factors. It's important to note that the same defendant can be tried by different governments for the same offense without violating double jeopardy. This means that a person can be convicted by both state and federal authorities for the same act without legal repercussions (see U.S. Supreme Court rulings).
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.