Imagine you’ve had some trouble with the state police during a traffic stop search, but after years of legal fees and time in court rooms, you’ve finally plead the charges down to one year in prison and nine years of probation. But the day you get out your lawyer tells you the feds hit you with a charge—for the exact same crime. Suddenly, you’re facing years in prison all over again. That’s double jeopardy, and the Supreme Court says it’s here to stay.

Terrence Gamble’s double jeopardy nightmare

Take the case of Terrence Gamble. Police in Alabama pulled him over for a broken headlight. They claimed they smelled marijuana and searched his car. They found two bags of weed and a gun. Because of a prior conviction, Gamble was charged with a felony weapons violation. He took a plea deal—10 years probation and one year in jail. But then the feds came knocking.

Attorney Jeff Hampton explains, “Because of Terrence’s prior plea in state court, the feds could use it against him in federal court.” Gamble had no choice but to take another plea deal. This time, he got three more years in prison—for the same crime.

“This loophole allows both prosecutors and police to exploit this,” Hampton says. Critics argue it’s unfair, but the Supreme Court says it’s legal.

The double jeopardy loophole explained

The Fifth Amendment is clear. It says no one “shall be subject for the same offense to be twice put in jeopardy of life or limb.” But a loophole lets police and prosecutors work around this protection.

Hampton breaks it down: “There is a federal government and there is a state government and they are seen as separate sovereigns.” Because of this, “they can try to throw the book at you for the same crime in different courtrooms.”

He explains how it works. “State prosecutors pick up the phone. They call the federal prosecutor right across the street and start talking about your case.” If the state loses, “the feds still have an opportunity to bring another charge against the same person for the same offense.”

Hampton says this is not just a rare loophole—it’s a tool prosecutors use. “Both state and federal prosecutors will coordinate together on higher profile cases knowing that if they lose on the first round in state court, they have a second bite at the apple in federal court.”

And it’s not going away anytime soon. Hampton explains, “The Supreme Court ruled that a crime against two sovereigns constitutes two offenses because each sovereign has an interest to vindicate.”

Want to know more about how police and prosecutors use this loophole? Watch Jeff Hampton’s full breakdown in the video below: