Home > Research Legal Advice > Criminal Defense > Is it double jeopardy for the state to try me on the same on this crime ?
Asked 6 months ago - Atlanta, GA
FlagI was charged and convicted with a misdemeanor (theft by receiving) by plea . Then months later i had a warrent out for the same case with same case number instead i was being charged with Armed robbery along with 3 other guys who was there . Is this Double jeopardy?
I would need more information about exactly what is going on to be able to give you a definitive answer. However, just from what you've said here, your attorney may very well have an argument to make that you have already been punished for the crime you are being charged with.
If you do not already have a dedicated criminal defense attorney for this, get one NOW before the case gets too far along.
Please let me know if I can be of assistance. I would be happy to help.
Regards,
M. Jason Rhoades
Generally you cannot be convicted of receiving and stealing the same property. If the facts surrounding the items you were convicted of receiving arose out of the same set of circumstances as the armed robbery for which you are now accused, I believe that you would have a plea in bar with regard to the current indictment. So the answer to your question would be yes, to the extent that your Jeopardy rights have been implicated under the 5th amendment to the United States Constitution and Article I, Section I, Paragraph XVIII of the Georgia Constitution. However, as one of the other lawyers has indicated to you, mine is a general response and not a complete answer to your inquiry, based upon the limited amount of information you have provided in the question.
LDWolfe
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