can you be indicted twice on the same charge in new hampshire?

Answer 1

Nope, that's Double Jeopardy..It's that way over the entire US.

Answer 2

Actually, double jeopardy applies to trials, not indictments.

Under the US Constitution, this is phrased as "nor shall any person be subject for the same offense to be twice put in jeopardy of life and limb" (5th Amendment. New Hampshire's Constitution is more specific: "A person cannot be tried, after acquittal, of the same crime or offense." (Part I, Article 17)

So, if a trial happens, then jeopardy attaches. This is usually when the jury is empaneled and sworn, or in a bench trial when the first witness is sworn.

If jeopardy has not attached (i.e. if the trial has not begun), then generally even if an indictment is dismissed, it can be re-filed.

It also doesn't apply to separate trials under state and federal laws, even if they arise from the same crime, because those are separate sovereigns. And, as pointed out above, two trials for the same charge arising out of different criminal actions (different commissions of the same crime) would not be barred.

Answer 3

If the person was found not guilty of the charge the first time, then the court cannot indict again on the same charge.

If the charges were dismissed or if there was a hung jury, then yes, they can be indicted again.

Answer 4

Indictment is not the same as being tried for something. So, yes you can!

Answer 5

Actually, that answer may be yes... Say you murdered someone, and were acquitted. They can't charge you again and try to convict you of the new murder. However, if you go and kill another person, you can be charged for murder again.

Answer 6

You cannot be punished twice for the same incidental charge.