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!