Once a defendant receives a not guilty verdict in state court, double jeopardy prevents the state from retrying them or adding new charges; however, federal prosecutors may still pursue charges for civil rights violations if the defendant was acting under color of authority, though such cases are less likely when the defendant was not a government official.
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Could Rick Chow Face Federal Charges本站添加:
All right, so let's clear this up.
There's a lot of conversation, comments, a little confusion in the comments about the difference between state charges and federal charges. So, to reiterate, like my earlier video said, the state of South Carolina cannot retry Rick Chao in this case. Federal charges could happen.
Technically, yes, but legal analysts we spoke with say it's not likely. I spoke with a local attorney who breaks it all down. Take a listen.
>> Can he be charged, Rick Chao, with any other criminal charges moving forward?
>> Well, in state court, it's game over. It is double jeopardy. You know, once someone's prosecuted in the state court and there's a decision, a not guilty verdict, they cannot be retried again.
They can't go back and add another charge.
Um, now, it is certainly possible.
I can't say with any degree of certainty um that they could uh investigate the possibility of federal charges. I'm going to remind everyone of the case of Michael Slager, um the cop that shot the uh the black man uh in Charleston, shot him in the back running.
Um, some similarities there, and a Charleston jury found him not guilty.
Um, he was later prosecuted in federal court for civil rights violations. Um, however, the distinction is in that case he was an officer acting under the color of authority. This defendant was not.
So, the question would be whether or not there might be an appropriate federal civil rights type violation charge that they could charge him with as an individual.
Um, now, whether or not they're so inclined, I think it's unlikely based on the the current administration.
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