Double Jeopardy

Man in handcuffs facing Double Jeopardy

Criminal Law Attorney

There are a number of laws on the books to protect you as a civilian. However, it may not seem like the law is always on your side. An accused party who is found guilty of a crime may not be subjected to repeated trials or punishment for it. This is a result of a law known as double jeopardy. Because laws vary from state to state, it is imperative to seek the advice of a criminal defense attorney if you are not an attorney and are unsure what the law may be in your state. It is wise to contact an attorney if you feel that your Fifth Amendment rights have been violated. There is a rule in place which states that once an individual has served their sentence or has had charges dropped against them for a crime they were accused of, they cannot be prosecuted again for that crime in the future. The law does differ from state to state and jurisdiction to jurisdiction according to a crime victim compensation attorney from The Lynch Law Group. Therefore, the laws will differ once you travel outside of the state or jurisdiction you are in.

Although the primary objective of double jeopardy laws is to protect the accused, they also serve to protect the government. Due to the existence of double jeopardy we are unable to wrongfully convict an individual as well as avoid the burden of financial responsibility. There is no doubt that Double Jeopardy is a very significant part of the legal system. When a court makes a decision, it allows what that court decided to stand in the same manner that respect is given to that court. 

The concept of Double Jeopardy does not apply to every crime and the process of Double Jeopardy does not begin immediately. If, for example, you are accused of committing a crime and accept a plea deal, then you are not subjected to Double Jeopardy. You cannot be tried for that offense if you have been accused of a crime, entered a plea, and the courts accept your plea.

You can only use double jeopardy once. As a result, certain evidence that was used in a prior case can no longer be used in a new trial as well. This is true for things that may have been used in the previous trial. Should you be guilty or innocent, you may think that double jeopardy would be a great thing for you. However, it is very complicated, and it is not a good idea to rely on the Internet to educate you about it. Please contact a criminal defense attorney as soon as possible if you feel that you or someone you know is a victim of a double jeopardy violation. Free consultations are offered by most criminal defense attorneys so that you can ask your questions and get expert advice.