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What are the qualifications for a case of dubble jepordy as found under legal deffinition

Greeley, CO |

My caseworkers called before my release from the penitentiry in wyoming to make sure there were no outstanding warrents for me in the laiermer county area we were told an NCIC was run and i was clear when i got home i was in a trrafic stop may 5 where i was arrested on this warrent from 2006 can they persure me?

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Attorney answers 3

Posted

Double jeopardy means that you cannot be forced to go to trial on the same charges more than once (there are a number of exceptions to this, but that is the basic definition). You cannot be arrested and tried in a new case for the same crime that sent you to prison. However, if the warrant is for an offense that you have never gone to trial on before, then there is no double jeopardy issue.

You do clearly need a criminal defense attorney.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Asker

Posted

is there any way around it Givin that they falseified information that lead to this possibly a modifed sentance

Posted

Double Jeopardy prevents the government from pursuing criminal charges for the same act twice. It attaches after the trial on the charge has begun. Unfortunately, they can do exactly what they did in your case.

No attorney-client relationship is created by responding to any question on Avvo. Further, nothing contained in any response may be relied upon as legal advice.

Posted

Double Jeopardy only applies to the same conduct. If you have an outstanding warrant for other conduct, they can still prosecute you for that conduct. There is no requirement for the prosecution to bring all cases to trial prior to you being sentenced on one case. You may have defenses (such as a right to a speedy trial), so you should hire a good criminal defense attorney.

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