Double Jeopardy

[ashah000]

Michigan. (Upper Peninsula)

My friend got a ticket for 80 in a 55, i believe, might be 70 in a 55. Anyways he set a court day up and went to court. The officer did not show and the ticket was dissmissed. So hes on his way back and the court send another cop to pull him over and escort him back to court because the cop showed up. So he gets back there and he ends up paying the fine and gets the 4 points.

Is this not double jeopardy " [1] a second prosecution for the same offense after acquittal" Sounds like it to me. Not sure if double jeopardy only works for criminal court.

Either way it sounds like bull and they cant bring him back to court to do that. Is this legal or should he get a lawyer to appeal?

[CdwJava]

I don't know if it's "double jeopardy", but I'd say that if he has a copy of the dismissal paperwork he should be able to appeal on the grounds that the case had been dismissed.

However, it might be that in your state a case dismissed in this manner can be re-opened, and that a dismissal did not mean that the matter was forever done.

Consult an attorney.

- Carl

[sukharev]

After this, anyne agruing the system is fair should shut up. I'd agree with Carl, appeal and don't be bullied. There are clear guidelines to re-opening the case, and I doubt that same judge should be allowed to re-open and try it twice just because prosecution had turned up the witness after the case was already dismissed. In addition, escorting by officer sounds a lot like detention, and should be objected to in the appeal. Good luck to your friend.

[seniorjudge]

Originally Posted by ashah000

Michigan. (Upper Peninsula)

My friend got a ticket for 80 in a 55, i believe, might be 70 in a 55. Anyways he set a court day up and went to court. The officer did not show and the ticket was dissmissed. So hes on his way back and the court send another cop to pull him over and escort him back to court because the cop showed up. So he gets back there and he ends up paying the fine and gets the 4 points.

Is this not double jeopardy " [1] a second prosecution for the same offense after acquittal" Sounds like it to me. Not sure if double jeopardy only works for criminal court.

Either way it sounds like bull and they cant bring him back to court to do that. Is this legal or should he get a lawyer to appeal?

Q: Is this not double jeopardy " [1] a second prosecution for the same offense after acquittal" Sounds like it to me. Not sure if double jeopardy only works for criminal court.

A: No, because there was only one prosecution of one offense.

[sukharev]

Originally Posted by seniorjudge

Q: Is this not double jeopardy " [1] a second prosecution for the same offense after acquittal" Sounds like it to me. Not sure if double jeopardy only works for criminal court.

A: No, because there was only one prosecution of one offense.

Actually, case dismissal should qualify as prosecution.

[ENASNI]

I was just thinking how much that would suck.

Getting in your car, singing along with the radio some peppy song.

"We are the Champions" or something .

Thinking "Yeah, I did it "

Then SLAM... Ugh.

[seniorjudge]

Originally Posted by sukharev

Actually, case dismissal should qualify as prosecution.

Run for Congress and get the Constitution amended.

[sukharev]

I just ran a web search, that's a bit easier.

[url]http://education.yahoo.com/reference/dictionary/entry/prosecution[/url]

pros·e·cu·tion: "The institution and conduct of a legal proceeding."

pro·ceed·ing:
a. Legal action; litigation. Often used in the plural.
b. The instituting or conducting of legal action.

judicial proceedings: any action by a judge re: trials, hearings, petitions, or other matters formally before the court.

Case was dismissed, which is a legal action.

[seniorjudge]

When Jeopardy Attaches

While the differences between civil, criminal, and administrative proceedings are not always perfectly clear, courts have done a much better job of explaining when jeopardy begins, or attaches. This question is crucial because any action taken by the government before jeopardy attaches, such as dismissing the indictment, will not prevent later proceedings against the same person for the same offense. Once jeopardy has attached, the full array of Fifth Amendment protections against multiple prosecutions and multiple punishments takes hold.

The U. S. Supreme Court has held that jeopardy attaches during a jury trial when the jury is sworn. In criminal cases tried by a judge without a jury, also called a bench trial, jeopardy attaches when the first witness is sworn. Jeopardy begins in juvenile delinquency adjudications when the court first hears EVIDENCE. If the DEFENDANT or juvenile enters a PLEA agreement with the prosecution, jeopardy does not attach until the plea is accepted by the court.

[URL=http://law.enotes.com/everyday-law-encyclopedia/89914#WHENJEOPARDYATTACHES]When does jeopardy attach?[/URL]

[justalayman]

The U. S. Supreme Court has held that jeopardy attaches during a jury trial when the jury is sworn. In criminal cases tried by a judge without a jury, also called a bench trial, jeopardy attaches when the first witness is sworn. Jeopardy begins in juvenile delinquency adjudications when the court first hears EVIDENCE. If the DEFENDANT or juvenile enters a PLEA agreement with the prosecution, jeopardy does not attach until the plea is accepted by the court.

If this is the case how can there ever be a mistrial that results in a new trial?

[seniorjudge]

Originally Posted by justalayman

If this is the case how can there ever be a mistrial that results in a new trial?

That's a very good question and it is discussed in the article I posted a link to.

[poppakeith]

Originally Posted by seniorjudge

Run for Congress and get the Constitution amended.

Not sure that's needed, seniorjudge. You know this: Double jeopardy is a term used in law. Double jeopardy is forbidden by the Constitution. Double jeopardy is what would happen is someone were to be charged with a crime and be found innocent, and then be charged with that crime a second time. Dismissal don't count as being found innocent. Would be "no finding"...right?