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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 05-09-2005, 07:30 PM
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Join Date: May 2005
Location: tennessee
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raymondshonda


undefinedWhat is the name of your state? tennessee hello everyone not sure if i am doing this right but i really need some advice!!!!! my uncle was burned up in a trailer fire almost 2 yrs ago. a man was arrested and charged with 1st degree arson and wanton murder and sadly enough he was found not guilty. my question is if enough evidence is found on this man can he be tried on a lesser charge?? like maybe 2nd degree arson and 2nd degree murder. any help would be greatly appreciated
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Old 05-09-2005, 07:40 PM
seniorjudge
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Originally Posted by raymondshonda
undefinedWhat is the name of your state? tennessee hello everyone not sure if i am doing this right but i really need some advice!!!!! my uncle was burned up in a trailer fire almost 2 yrs ago. a man was arrested and charged with 1st degree arson and wanton murder and sadly enough he was found not guilty. my question is if enough evidence is found on this man can he be tried on a lesser charge?? like maybe 2nd degree arson and 2nd degree murder. any help would be greatly appreciated
Unfortunately, he cannot be tried again for the original charge or any lesser included charge.

E.g., to commit first degree arson, you have to commit second degree arson. When he was found not guilty of first degree arson, that means he cannot be tried for second degree arson because he has been found not guilty of first degree arson.

That would be double jeopardy.

[url]http://www.law.cornell.edu/lexicon/double_jeopardy.htm[/url]

BUT, if the guy has any money you can sue him in civil court.

Remember OJ?

Last edited by seniorjudge; 05-09-2005 at 07:43 PM.
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