Many people have heard the term double jeopardy before and have some idea of what it means. The most common explanation of double jeopardy is that you can’t be tried a second time for a crime you’ve already been convicted of. This prevents defendants from being punished more than once for the same actions.
While this is partially true, it’s a lot more nuanced than this. There are other situations that double jeopardy applies to, even if you haven’t been convicted before. There are also some exceptions to double jeopardy where you can actually be punished twice for the same crime.
What is Double Jeopardy?
As previously stated, double jeopardy generally prohibits you from being punished for the same crime twice. If you’ve already been convicted of a crime, you can’t be tried for it again. Additionally, it prevents you from being brought to trial on a crime that you were already acquitted of. Once you’ve been found not guilty, that’s the end of it; the prosecutor can’t just keep bringing you to trial until they get the outcome they want.
Double jeopardy can apply in other situations also. In a jury trial, jeopardy is said to “attach” once the jury is empaneled and sworn in. This means that even if your trial doesn’t go forward for some reason – maybe the prosecutor’s witness is suddenly unavailable – you typically can’t be brought to trial again once the court determines that the trial is over/can’t go forward.
Exceptions to Double Jeopardy
As with everything, there are exceptions. The following are some of the most common exceptions to double jeopardy:
- Criminal cases only. One important thing to understand is that double jeopardy applies only to criminal cases. If you had a trial and were acquitted in criminal court, you can still be brought to trial in civil court based on the exact same actions.
- State & federal law. If you commit a crime that violates both state and federal law, you can be tried for this crime in state court and federal court. This is true whether you were acquitted or found guilty in the first trial.
- Some mistrials. If your trial ended in a mistrial, there are many circumstances in which you can be brought to trial again. For example, when a mistrial is declared on procedural grounds, you can usually be retried.
- Hung jury. If you had a trial but the jury couldn’t come to a decision about your guilt or innocence, you can be retried for the same crime.
Facing Double Jeopardy? Vinas & Graham, PLLC Is Here For You
Double jeopardy is confusing, and there are a lot of nuances in the law. It’s not as simple as it might seem at first. If you believe your right to be free from double jeopardy has been violated, it’s important to talk to an experienced criminal defense attorney right away. If you’ve been acquitted of serious charges and you are being threatened with another trial for the same actions, Vinas & Graham, PLLC are always here to assist you.
When you hire Vinas & Graham, you’re hiring attorneys who have a unique perspective on the law, as they both formerly served as Felony Chief Prosecutors. This allows them to see your case from both sides and represent you more effectively. Call the law firm of Vinas & Graham today at 713-229-9992 for a private and confidential consultation or fill out the online contact form for a callback. You can also follow us on Facebook to learn more about our firm and how we help all of our clients.
