Featured News 2014 Double Jeopardy & Criminal Defense Cases

Double Jeopardy & Criminal Defense Cases

According to the Fifth Amendment in the U.S. Constitution, no person can be subject for the same offense to be twice put in jeopardy. This means that the government is not allowed to prosecute someone more than once for the same crime. For example, if you are arrested for robbery, you cannot be penalized for the offense and then brought back to court, re-tried and dually penalized. You can only be charged with the crime once.

Double jeopardy is essentially supposed to protect a defendant from being prosecuted for the same offense after an acquittal, prosecuted for the same offense after a conviction, or prosecuted with more than one punishment for the exact same offense. This also adds an element of complete finality to criminal cases. Defendants can rest assured that if they will not be acquitted and then brought back to the same court and tried over again. They can, however, be taken to an appeals court if the authorities see fit.

Criminal defense attorneys are well-aware of the double jeopardy protections in the Constitution and will make sure to utilize them when practical to assist clients. There are clear instances when the shield is available. For example, if a judge attempts to re-sentence someone who has already served time for a crime, then the double jeopardy protections can be employed. Yet there are some cases where double jeopardy may not apply.

It is important to keep in mind that double jeopardy only applies to criminal cases. This means that if you are sentenced for manslaughter, the family of the victim can still sue you for wrongful death in hopes of securing a settlement or verdict. This is not a double punishment, since one trial is civil and the other is criminal. Also, DMV penalties do not count. A DUI offender can be penalized for drunk driving with jail time and receive a separate driver's license revocation from the DMV.

If you have more questions about double jeopardy, you will want to talk with a professional attorney. Utilize this directory to locate a trusted lawyer nearest you that can help you to determine where your double jeopardy rights apply!

Related News:

Know Your Rights: DUI Check Points

The National Highway Traffic Safety Administration defines DUI checkpoints as a tool used by law enforcement officers to penalize intoxicated drivers by stopping vehicles at a pre-determined ...
Read More »

Creator of Beanie Babies Will Plead Guilty to Tax Evasion

In a recent statement, his attorney announced that the billionaire would be pleading guilty to the charge of tax evasion. This will cost the Beanie Babies founder more than $53 million in penalties. ...
Read More »

Cuomo Hires Criminal Defense Attorney Using Campaign Funds

Criminal defense attorneys have tough jobs that can be difficult to gain sympathy for. The recent controversy with New York State Governor Andrew Cuomo using campaign funds to pay his lawyer's fee ...
Read More »