There are certain situations in which the government cannot legally prosecute someone even if they have a mountain of evidence. One of these is a case of double jeopardy, which means that you cannot be tried twice for the same crime. While many people assume that it is always valid, there are actually only specific situations in which it can be used as a legal defense. Read what those are and then contact Law Office of Michael L. Fell at (949) 585-9055 if you require a free legal consultation.

The Basics of Double Jeopardy

There are specific junctures in the criminal court process after which the government cannot re-prosecute a defendant for the same defense. If this happens, the law says that the defendant was already once in jeopardy, or that jeopardy attaches. When and where jeopardy attaches is important. For example, being arrested for a crime does not attach jeopardy. Being found not guilty by a jury does.

A Jury or Witness Was Sworn In

It is important to understand that you can be arrested for the same crime over and over again – as long as it does not get to the point of “trial.” That is defined as a jury being sworn in or a witness being sworn in. The case does not have to conclude or even partially conclude. Once the trial has started, you are in jeopardy and cannot be prosecuted again for the same charges related to the same crime.

Certain Dismissals of Charges

It is not always true that double jeopardy is in play if charges are dismissed – it depends on what the dismissal was based on. Examples of dismissals that do attach jeopardy include those discharge of a defendant to become a witness, the second dismissal of a felony, or dismissal of a misdemeanor. There are other types of dismissals and whether or not they attach jeopardy depends on a variety of factors.

A Conviction

If you are convicted of a crime then you cannot be charged for the same crime on the same charge. This includes both situations in which the defendant pleads guilty via a plea deal and situations in which they are convicted in a trial. Both situations attach jeopardy. Note that this includes a plea that stipulates the defendant pleads guilty to a lesser crime – they cannot then be charged for the greater offense.

These Are Only Some Examples

These are just some examples of the situations in which double jeopardy can be used. If you have been charged with a crime, regardless of the circumstances, you should talk to a criminal defense attorney. You can get started right away by contacting Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. We are standing by to provide the answers you need to all of your questions.