Double Jeopardy

Double jeopardy is defined as a Constitutional right to not be tried for the same crime twice based on the same facts. In the United States, an individual cannot be prosecuted for the same crime if he or she has previously been acquitted or convicted. Double jeopardy is a protection given to any defendant in the United States as provided under the Fifth Amendment of the U.S. Constitution. It also prevents a person from receiving multiple punishments for the same crime.

As a defense, double jeopardy prevents the police from prosecuting a person repeatedly for the same crime as a form of harassment. For example, if an individual is arrested and tried for theft with only weak evidence to support the charge, the defendant may be acquitted. If the police later find more conclusive evidence that the individual did indeed commit the crime, they cannot arrest and try the person again for the same crime. Even if it becomes clear later on that the crime was committed, the offender is legally immune from being prosecuted again.

Sometimes the police may attempt to retroactively apply evidence to a case that has already been decided in court. If you believe that you have been arrested for a crime that was already tried, or are receiving additional punishment for the same crime, contact a criminal defense attorney immediately. Your rights under the double jeopardy rule may have been violated and the court may be required to drop the charges.

Contact Us

For sound legal advice and assistance regarding the double jeopardy rule, don’t hesitate to contact the experienced West Palm Beach criminal defense lawyers of Eric N. Klein & Associates, P.A. today at 561-353-2800.