double jeopardy?

[slim1454]

What is the name of your state?What is the name of your state? Kentucky

Is arresting someone twice for the same indictment double jeopardy, especially if the indictment was already dismiised in court before the second arrest? confused:

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state? Kentucky

Is arresting someone twice for the same charge double jeopardy, especially if the charge was already dismiised in court before the second arrest? And how do you file charges for it?

My response:

Double Jeopardy only attaches after:

1. The first witness is called to the stand; or,

2. The jury empaneled; or,

3. When you're finally executed for your crimes.

IAAL

 

[Rhubarb297]

What is the name of your state?What is the name of your state? Kentucky

Is arresting someone twice for the same charge double jeopardy, especially if the charge was already dismiised in court before the second arrest? And how do you file charges for it?

You don't "file charges" for double jeopardy.

Double jeopardy prevents someone from being tried for a crime and acquitted (or convicted) and then being tried again later for that same crime.

If a charge is dismissed and is not prosecuted, or even if there is a hung jury, the person can be tried again. There is no double jeopardy. There was a minister in Indianapolis who was tried three or four times for the same crime - an arson. The first few trials ended with a hung hury. The prosecutor kept retrying him.

Double jeopardy though can be a lot more complicated than it would seem. What if you have the same set of facts that ended up in acquittal for one crime, but then the prosecutor files different charges based on those same facts? Or what if the feds come in and file different charges based on the same facts that ended up in acquittal in state court? For example, the police officers who beat Rodney King were acquitted in state court. But the feds then filed charges based on the violation of King's civil rights and got a conviction in federal court.

Personally I would find the scenarios outlined in the paragraph above be barred by Double Jeopardy. But the Supreme Court has often held otherwise, allowing new prosecutions based on the same set of facts.

 

[Rhubarb297]

My response:

Double Jeopardy only attaches after:

1. The first witness is called to the stand; or,

2. The jury empaneled; or,

3. When you're finally executed for your crimes.

IAAL

Actually if jury deliberations end in a hung jury, you most certainly can be tried again. It happens all the time.

 

[rmet4nzkx]

What is the name of your state? Kentucky

Is arresting someone twice for the same charge double jeopardy, NO
especially if the charge was already dismiised in court before the second arrest? Do you mean "Dismissed" if so, with or without prejudice? Was it a second arrest for the same crime, was there additional evidence? Was there a trial?
And how do you file charges for it? You want to be charged with double jeopardy or be a contestant?

An answer to your question cannot be determined without the facts, also include information such as are you in the military or work on federal property.