if you already won or got dismiss and discharge for criminal threat..can they charge you the same crime twice because the DA refiled it? if they do can i fight back with double jeopardy.
2007-12-04 17:12:14 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If the DA dismissed the charges, then you were never tried, so it's not double jeopardy.
In most States, jeopardy attaches as soon as a jury is seated. If the case is dismissed before that then there was no trial, so charges can be refiled. Once a jury is seated, the trial has begun, and charges can't be refiled.
Richard
2007-12-04 17:18:29 · answer #1 · answered by rickinnocal 7 · 2⤊ 0⤋
It depends on when and under what circumstances the first case got dismissed. If it was prior to trial, then no, it is not double jeopardy for the DA to refile. If trial had started and a jury picked or evidence offered and it was dismissed by the DA or because of the DA's fault, it may be double jeopardy. Ask the lawyer who represented you in the first action.
2007-12-05 01:27:53 · answer #2 · answered by Cajunsan 4 · 0⤊ 0⤋
No, it is not double jeopardy. You have to be tried and found not guilty for it to be double jeopardy.
2007-12-05 01:17:00 · answer #3 · answered by doglover 5 · 0⤊ 1⤋
as far as im aware that is considered double jepordy caz your case was dismissed / won so your case was solved in one way or another so they cant charge you with the same case but they could refile it in a diferent way and it not be considered double jepordy
2007-12-05 01:18:55 · answer #4 · answered by princetongirl_2004 1 · 0⤊ 3⤋
I am sure they reworded the paper work or the complaint to make sure that that is not going to happen.
2007-12-05 01:21:26 · answer #5 · answered by glamour04111 7 · 1⤊ 0⤋