Many Americans are familiar with the notion of double jeopardy, which they may have seen on television or in a film but find difficult to comprehend. Despite the fact that this concept is important to our legal system, it does not apply in all circumstance. Read on to discover more about double jeopardy from a criminal defense lawyer. Then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation
The basics of double jeopardy
To begin, it's necessary to understand what double jeopardy is: it's a provision of the Fifth Amendment that states that no one can be prosecuted twice after being acquitted an offense, convicted twice for the same crime, or sentenced twice for the same crime. The state of California has enacted the double jeopardy provision.
However, understanding what the double jeopardy clause is doesn't always mean you'll know when to apply it. Only in limited circumstances may you claim double jeopardy. When this happens, lawyers say "jeopardy attaches." Once a criminal action is declared to be in peril, the government cannot pursue the defendant for the same offense again.
Jeopardy attaches once certain steps have been taken in a case
In a criminal case, jeopardy is considered to attach when:
- The jury has been chosen or the jury has been sworn in
- Witnesses are put under oath
- The jury is let go without the consent of the defendant
- The defendant is acquitted
- The case is dismissed
- The defendant becomes a prosecution witness
- The defendant is convicted
- A plea deal is made
- Retrial after appeal and reversal
- Dismissal of charges in a misdemeanor case for the second time.
Situations in which double jeopardy does not apply
Double jeopardy does not always apply, though. Double jeopardy, for example, is a legal notion that only applies in criminal cases. If a case is filed in civil court, it does not preclude a comparable case from being filed in criminal court later.
In the instance of Bill Cosby, for example, at least one of his accusers filed a civil suit against him in the past for allegedly drugging and raping her. The prosecution did not use double jeopardy to pursue criminal charges against Cosby for the alleged sexual assault.
It also doesn't apply to disciplinary hearings in jail, parole or probation revocation hearings, or other non-criminal processes like administrative hearings before the Department of Motor Vehicles in DUI cases.
Double jeopardy does not apply until after a criminal trial has begun, thus it will not apply to criminal pre-trial processes. If a jury in a criminal case is deadlocked (unable to reach a decision), the prosecutor is free to retry the defendant on the same charges. It also won't stop federal and state prosecutors from prosecuting the same person for the same crime.
Double danger is a difficult idea to grasp. A qualified criminal defense attorney, CA can assist you figure out if it applies to your situation. If you have been charged with a crime and require aggressive counsel, contact the Law Office of Michael L. Fell now at (949) 585-9055. The first consultation is always free.