i called my daughter to pick me up from club,at the door they said go get her, we all went to jail, her 18, for being in there, me , for contributing. i did not let her in. her case was dismissed today, but prosecuters said they wanted a conviction, and arrested her right there in court, under a different code,and had her sign a bond all in 5 minutes. how can this happen.. decatur city, will get a lawsuit .is this not considered double jepordy. once the case was throwed out, would there not have to be another incident, dismissal was based upon wrongful filing by prosecution, what do i do
2006-11-09 14:27:09 · 8 answers · asked by blondegrl1969 1 in Politics & Government ➔ Law & Ethics
get legal assistance . . .
2006-11-09 14:29:16 · answer #1 · answered by a_blue_grey_mist 7 · 1⤊ 1⤋
Many people have a flawed concept of double jeparody. Double jeparody means that no person shall be charged twice for the same offense. This means, that no person shall be charged more than once time for the same criminal act, IF they are convicted, OR if they are acquitted...
To have jeparody apply, several things must occur. First: the trial must have commenced. In a jury trial, it means the jury has been empaneled and sworn. In a trial to the bench, it generally attaches when the first witness is sworn.
If a case is dismissed prior to this point, how the case is dismissed is important. If the judge dismisses the case "without prejudice" then the prosecution is free to refile the same (or a different charge) at a later date. If the judge dismisses "with prejudice" then the prosecution may not refile the charge.
A retrial that results from a successful appeal of a confiction is not double jeparody. Nor is it double jeparody for the state and federal government to try a person for the same offense. (Different jurisdictions/different sovereigns)
It does appear to me that all the facts weren't presented here. However, it seems to me that if the judge had not specified that the case was dismissed with prejudice, then she can be arrested and prosecuted successfully, under a different theory of the prosecution's case.
You need to consult a criminal defense attorney. For a referral, contact your local or state bar association.
2006-11-09 19:37:10 · answer #2 · answered by Phil R 5 · 1⤊ 0⤋
this is not double jeopardy. That is when someone has already served time for the crime then, once they get out they cannot get charged for the same crime again. This can be done. There are several codes they can get her on. They also have a time limit with which to arrest someone. This is what they do. I don't agree with it but, it happens a lot more than you think. If they want someone for a crime and cannot get them on it they try to find another charge to go under. Get her a lawyer and have the lawyer fight to get it dismissed. I have seen this happen a lot to people. I worked for a lawyer for 6 years.
2006-11-09 14:31:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
They are allowed to refile with different charges. And of course they can arrest someone in court.
There must be more to this story. Surely there weren't all these arrests simply because your daughter went to pick you up at a club.
2006-11-09 15:15:21 · answer #4 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
She can not be arrested in the court premises. Are you sure she was arrested the second time for the same cause? Without knowing the facts of the case it is not possible to give an openion. See a good attorney.
2006-11-09 14:36:13 · answer #5 · answered by rams 4 · 0⤊ 2⤋
You say it was dismissed, but was there a trial? If evidence was presented then you may be on to something. If the case was dimissed or withdrawn without hearing of evidence, then you don't have a double jeopardy situation.
2006-11-09 14:34:38 · answer #6 · answered by Jason T 2 · 1⤊ 1⤋
Did you ever think police says in the dictionary grave diggers.
These people are not hired. No such organization to pay,
supply, train, or want them on the streets. Give up resisting
the law. The one that says, GOD made me, and HE knows
I will suffer in worst places if I do not obey. Vigilantes exist
in the dogpound and they want to eat your meatee bones.
The proper readjustment is to move to Japan, now.
2006-11-09 14:34:37 · answer #7 · answered by mtvtoni 6 · 0⤊ 2⤋
Jeopardy only attaches when the trial begins, usually when the jury is impaneled, so it sounds like the trial didn't get to the point where jeopardy would attach.
2006-11-09 14:51:09 · answer #8 · answered by James 7 · 1⤊ 1⤋