Your criminal defense lawyer in Fort Worth will explain your right to be protected from double jeopardy under the First Amendment of the U.S. Constitution.
The Foundation Of Double Jeopardy
The Double Jeopardy Clause is meant to keep the government from being able to try or punish you more than once for the same offense. Double jeopardy will shield you from:
- Being prosecuted for the same offense after you have been acquitted
- Being prosecuted for the same offense after you have been convicted
- Being punished more than once for the same offense
When Double Jeopardy Can Be Applicable
The following are instances in which the Double Jeopardy Clause can be applied:
- Criminal cases – Double jeopardy can only be used in criminal cases. It cannot be used in an administrative or civil case. Attachment of jeopardy – For the Fifth Amendment to apply, you must have been placed in jeopardy. Simply because criminal charges were filed does not mean that there is an attachment of jeopardy.
- Jeopardy terminated – If jeopardy was attached, that does not mean that the prosecution will not be able to prosecute you again. The jeopardy must also be terminated for this to apply. If there is a finding of guilty or not guilty, jeopardy is terminated.
- Same offense – You cannot be prosecuted again for the same offense, but you can be prosecuted for multiple offenses.
- Same sovereign – You will only be protected from the same government staging another prosecution. If acquitted by a state government, it does not mean that a federal case cannot be filed.
- Multiple punishment – The prosecution might file multiple charges if several acts were committed during the course of the same incident. Pointing a gun at someone might lead to charges for assault and assault with a firearm. If convicted of each, double jeopardy protects you from being sentenced for both.
Call A Qualified Criminal Defense Lawyer In Fort Worth
If you have questions about double jeopardy, call the Fort Worth criminal defense law firm at (877) 208-3382 to speak to the Law Office of Bryan P. Hoeller.