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

Asked almost 2 years ago - 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?

Attorney answers (3)

  1. Stephen Clark Harkess

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  2. John Robert Kormanik

    Contributor Level 12

    2

    Lawyers agree

    Answered . 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... more
  3. Michael Taylor Meehan

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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.

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Sentencing for criminal conviction

Sentencing is the process after criminal conviction in which the judge determines your punishment, such as jail or prison time, community service, and/or fines.

Michel C. Daisley

The first time I met John Edwards

NOTE: THIS IS A "LEGAL GUIDE" THAT IS A LITTLE UNUSUAL, BUT I DO BELIEVE PROVIDES SOME PERSONAL INSIGHT INTO WHY SOME LAWYERS ON SOME OCCASIONS USE SOME REALLY POOR JUDGMENT. THIS WAS FIRST... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,574 answers this week

3,025 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,574 answers this week

3,025 attorneys answering