Double Jeopardy and Failure to Request Extradition

[rlint1957]

I have two questions regarding the same case.

First, a bit of background. I have a friend who has been charged with theft by taking (vehicle) in the state of Georgia. Last fall, he was in NC and was stopped on a traffic charge. When they 'ran' him for wants and warrants, the theft charge appeared and he was taken into custody. NC took the vehicle (which was turned over to the insurance company) and charged him with possession of stolen property. He spent 19 days in jail, then went to court, where the charge was reduced to unauthorized use of a vehicle, due to extenuating circumstances and history surrounding the defendant's usage of the vehicle, and he was sentenced to time served. NC released him after, supposedly, checking to see if he was to be held for GA and was not requested to do so.

He subsequently returned to GA on his own (sans vehicle) and is currently in jail awaiting trial on the original charge.

The first of my questions is: How can he be tried again for the same facts which convicted him of 'unauthorized use'? Does not the Constitutional double jeopardy clause apply here since 'federal law trumps state law'?

My second question is: Since GA did not request his extradition from NC, or request that he be held for them (is that the same thing?), shouldn't the charge in GA be dismissed anyway?

Any assistance would be appreciated.

[olive]

If it was the exact same facts that is often true but even a slight variation in the charges is enough to pursue the other state charges as well.

It can get close to tot he line sometimes so it is a good idea to have skilled counsel involved.