Can I be prosecuted in both federal and state court for basically the same crime? Pursuant to OCGA 16-1-8 C, an accused who has been formally prosecuted in federal court may not be prosecuted in state court for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution or unless the crime was not consummated when the former trial began. The statute does not oust the Georgia courts from jurisdiction, but merely bars a second trial for an offense previously tried in federal court. For example, wher...