![]() ![]() If you’ve been acquitted of serious charges and you are being threatened with another trial for the same actions, Vinas & Graham, PLLC are always here to assist you. If you believe your right to be free from double jeopardy has been violated, it’s important to talk to an experienced criminal defense attorney right away. It’s not as simple as it might seem at first. ![]() If you had a trial but the jury couldn’t come to a decision about your guilt or innocence, you can be retried for the same crime.įacing Double Jeopardy? Vinas & Graham, PLLC Is Here For Youĭouble jeopardy is confusing, and there are a lot of nuances in the law. For example, when a mistrial is declared on procedural grounds, you can usually be retried. If your trial ended in a mistrial, there are many circumstances in which you can be brought to trial again. This is true whether you were acquitted or found guilty in the first trial. If you commit a crime that violates both state and federal law, you can be tried for this crime in state court and federal court. If you had a trial and were acquitted in criminal court, you can still be brought to trial in civil court based on the exact same actions. One important thing to understand is that double jeopardy applies only to criminal cases. The following are some of the most common exceptions to double jeopardy: Exceptions to Double JeopardyĪs with everything, there are exceptions. This means that even if your trial doesn’t go forward for some reason – maybe the prosecutor’s witness is suddenly unavailable – you typically can’t be brought to trial again once the court determines that the trial is over/can’t go forward. In a jury trial, jeopardy is said to “attach” once the jury is empaneled and sworn in. Once you’ve been found not guilty, that’s the end of it the prosecutor can’t just keep bringing you to trial until they get the outcome they want.ĭouble jeopardy can apply in other situations also. Additionally, it prevents you from being brought to trial on a crime that you were already acquitted of. If you’ve already been convicted of a crime, you can’t be tried for it again. ![]() What is Double Jeopardy?Īs previously stated, double jeopardy generally prohibits you from being punished for the same crime twice. There are also some exceptions to double jeopardy where you can actually be punished twice for the same crime. There are other situations that double jeopardy applies to, even if you haven’t been convicted before. While this is partially true, it’s a lot more nuanced than this. This prevents defendants from being punished more than once for the same actions. The most common explanation of double jeopardy is that you can’t be tried a second time for a crime you’ve already been convicted of. Many people have heard the term double jeopardy before and have some idea of what it means. ![]()
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