My wife got arrested after they executed a warrant at my house. She was arrested for guns (VUFA) and drugs (PWID). She went to trial and was found guilty of the PWID. The District Attorney told her that if she doesn’t plea guilty to the gun (VUFA), they will seek double the sentence. Why didn’t they try her together on the gun (VUFA) and the drugs (PWID) so she wasn’t facing crazy double time?
This is a very tough question. In the past we have written about Campana, where you cannot be charged and tried twice for the same occurence because the prosecution is barred due to double jeopardy. Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432 (1973), vacated and remanded, 414 U.S. 808, 94 S.Ct. 73, 38 L.Ed.2d 44 (1973), aff’d, 455 Pa. 622, 314 A.2d 854 (1974).
However, I have had cases where I have filed a motin to preclude one or the other from case so that the jury wouldn’t hear it, thereby negating my own Campana arguement from above. For example, I want to try it as a gun case and I am worried that if they jury hears about all of the cocaine found at the house, they will assume my client is guilty of the gun. It does work, but it is hard to understand unless you see it.