doubly jerodery?

Question

We went to court with your lawyer, pleaed no contest, and judge was willing to give us a min jail term suspened, which the lawer and judge talked about prior to the court apperance. the judge asked for the paper work from the local township police department which where there, they did not have the paper work, nor could it be faxed to the court in a fast amount of time. the judge asked if it could be faxed. answer was no. next thing the juge said was case dismissed.

that is all that happended inside the court room.

Answer 1

What is the question?

Is "doubly jerodery" supposed to be double jeopardy?

I don't have a lawyer so you couldn't have gone to court with mine.

Answer 2

The phrase "double jeopardy" stems from the Fifth Amendment to the U.S. Constitution, specifically the words "twice put in jeopardy". The full clause is "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." This clause is intended to limit prosecutorial abuse by the government in repeated prosecution for the same offense, as a means of harassment or oppression. It is also in harmony with the common law concept of res judicata, which prevents courts from relitigating issues and claims that have already been the subject of a final judgment.

There are three essential protections included in double jeopardy: protection from being retried for the same crime after an acquittal; protection from retrial after a conviction; and protection from being punished multiple times for the same offense.

Answer 3

Reba, it wasn't because of double jeopardy - it was because of judicial discretion. In many minor matters(not felonies) if it is obvious to the judge that the police department did not meet all requirements and he feels that the defendant is trying their best to make amends then the judge can use his discretionary powers to dismiss the case. I am pretty sure he used the lack of evidence laws to make this decision. It would not have been fair to you to do otherwise. -k-

Answer 4

I read your other question. Yes that would be double jeopardy. You'd better contact your lawyer. If the police department forged a ticket you've got yourself a lawsuit. Sometimes paperwork gets lost, I've lost tickets myself, but that doesnt mean I get to write another one to use? Thats either a rookie mistake or someone hoping they wouldnt get caught with their pants down.