Close New York’s Double Jeopardy Loophole

Close New York’s Double Jeopardy Loophole

5.17.2019

By Michael Miller

The New York Law Journal published Immediate Past President Miller’s op ed on presidential pardons. (may require subscription)

The president does not have the authority to pardon state offenses, but a presidential pardon could still put an end to a state prosecution. Under Article 40 of New York’s Criminal Procedure Law, double jeopardy attaches after a defendant has pled guilty or proceeded to trial in federal court.