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5 By prohibiting multiple punishments for a single criminal act Penal Code section 654. affords protection beyond and different from that given by either the constitutional proscrip-. tion of subsequent jeopardy or the implementation of that doctrine by Penal Code section 1023..
First of all, your question isn't can the person be charged twice, but can they be charged at all. I say that because the State failed to prosecute. To answer your question: yes, both the state and federal governments can charge a person with substantially the same crime.