Is it double jeopardy for the state to try me on the same on this crime ?

Asked almost 2 years ago - Atlanta, GA

I 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?

Attorney answers (4)

  1. Michael Jason Rhoades

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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

  2. Larry David Wolfe

    Contributor Level 2

    2

    Lawyers agree

    Answered . 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

  3. Benjamin David Goldberg

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . It sounds like it. Consult with a lawyer immediately. Please let me know if I can be of assistance.

  4. Noah Howard Pines

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Maybe, depending on the facts. Call my office if you'd like to set up a time to discuss your case in detail. 404-812-4300

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