You might have seen a movie or TV show, or read a crime novel, and learned about double jeopardy. In layperson’s terms, it means that a person cannot be tried twice for the same crime. However, it is not black and white. In fact, there are situations in which a person can be tried twice for the same crime. Keep reading to learn about them and contact Law Office of Michael L. Fell at (949) 585-9055 if you require a free legal consultation to learn more.

Civil Proceedings Can Arise from Criminal Proceedings

Double jeopardy does prevent a person from being criminally prosecuted twice for the same crime, but civil court proceedings are fair game. For example, if a person was driving while under the influence of alcohol, got into an accident, and someone died, they could be tried for gross vehicular manslaughter. If they were found not guilty, the family of the deceased would still have the right to file a civil suit, even though the state would not have the right to re-file criminal charges.

The opposite is also true: If a person is sued in a civil court and the defendant is found to be not at fault, the state can still bring criminal charges against the accused.

Cases That Did Not Go to Trial

It is an important distinction to know that double jeopardy refers to actually being tried twice for the same crime. If you are arrested for an offense and the prosecution drops the charges before it gets to trial, then you could still be arrested and charged again. Criminal charges can be filed again and again – as long as the case does not get to trial.

A Single Trial That Has Several Charges

Double jeopardy is meant to protect people from being harassed and tried multiple times for the same crime. However, if there is a case with several charges and the defendant is found not guilty of one or more charges, that does not mean that they cannot be tried for other charges in that same trial. For example, if a person is arrested and tried for arson, burglary, and assault and the jury finds them not guilty of arson and assault, but deadlocks on the burglary charge, that person can be re-tried for the burglary charge, despite the fact that other charges on the same trial cannot be re-tried.

Prison Discipline

If a prisoner faces disciplinary action for violating the rules of the prison, they can still be criminally prosecuted for that same violation. For example, if someone goes to solitary confinement for 30 days after starting a fight, the prosecutor can still criminally charge them for assault and battery after the prison has disciplined them.

Whether you believe you have a case for double jeopardy, or you need to know what your defense options, you can contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation at your convenience.