I filed a motion to quash a warrant, suppress evidence, and to withdraw guilty plea. I was successful with all of them, and the charges were all dropped. I did not have an attorney, other wise I would be asking them. But the prosecutor has decided to appeal the judge's decision. My guess is motion hearings are not protected under the double jeopardy law? Is this correct? Or is this double jeopardy?
"Jeopardy" attaches, for the purposes of a double jeopardy analysis, when the first witness is sworn-in (if it is a bench trial) or when the jury is empaneled (if it is a jury trial). Before those things have happened, "jeopardy" has not attached so as to preclude subsequent criminal proceedings.
Your question demonstrates a pretty basic misunderstanding of the legal mechanisms that are operating. Your liberty is at stake. Do yourself a favor and engage an attorney. If you cannot afford one, apply for the services of the public defender.
3 lawyers agree
DUI / DWI Attorney
This is not double jeopardy. Jeopardy attaches only after the trial begins. I strongly suggest you now get an attorney to help you counter the prosecutor's appeal. Good luck! Frank B. Ford 313-565-9289
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5 lawyers agree
Double jeopardy considerations are not implicated in your situation. Jeopardy attaches when a jury is sworn or when the court begins to hear evidence at a bench trial. The defendant is not considered to be in legal jeopardy prior to that point. In other words, being in trouble and being in jeopardy are not the same thing. In many jurisdictions the State is permitted to appeal from certain pretrial rulings that have the effect of either terminating the prosecution or of substantially impairing the State's ability to proceed. What orders the State can appeal in a criminal case is usually a matter of state law.
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4 lawyers agree
Criminal Defense Attorney
Hire an attorney as soon as possible to help with your appeal.
Kennedy Law Office, PLLC
Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal rights. This answer is for educational purposes only.
Criminal Defense Attorney
Double jeopardy attaches after a trial begins. Prosecutors can appeal the decisions on motions of trial court judges. You should hire an attorney right away. I handle motions and appeals cases. (517)402-5229
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