united-states criminal-law
Where are you prosecuted?
<p>I thought if you committed a crime in a certain state you were tried in that state. Maybe in a state court, maybe in a Federal court. Do I have this right?</p>
<p>Recently, there is talk about prosecuting Donald Trump in Georgia. It is my belief that he cannot be prosecuted in Georgia because he never went to Georgia. What am I missing?</p>

<p>If a person A, speaking by telephone to an election official B in Georgia, attempts to influence that official to improperly alter an election result in a way that would constitute frauds or otherwise be a violation of Georgia law, then the person A has committed a crime <strong>in Georgia</strong>. There are various ways to commit a crime in a place without being physically present in that state.</p>
<p>Since there is no question what was said on the telephone call in question (because it was recorded) the question to be determined would seem to be whether it constituted a crime under Georgia law, and whether the Georgia officials think it is worth prosecuting.</p>
<p>It is true that a trial for a criminal accusation is normally held in the state where the crime was committed (or allegedly committed). But that need not be in a state where the person was ever physically present. If a person living in State C does business is state D, and is requires to file a tax return with the authorities in D, and it is alleged that the return was false, then the person is being accused of a crime in D, committed when the false return was received in D.</p>

<h2>Any <a href="https://www.nolo.com/legal-encyclopedia/if-crime-occurs-more-states-can-prosecute.html" rel="nofollow noreferrer">sovereign</a> which is an essential part of the crime can prosecute</h2>
<ul>
<li>DJT was in Washington DC - the USA (through the power delegated to Washington DC) can prosecute.</li>
<li>The AG was in Georgia - Georgia can prosecute.</li>
<li>The crime crossed state boundaries - the USA (directly) can prosecute.</li>
</ul>
<p>Also, double jeopardy does not apply to separate sovereigns so Georgia and either DC or the USA can prosecute. Generally, if one prosecutes, the others consider that justice has been served on the matter and it's not in the public interest to prosecute, but they can decide otherwise (<em>Heath v. Alabama</em>, 474 U.S. 82 (1985)).</p>
