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Can a prosecutor appeal the judge's decision? Or is that double jeopardy?

Kalamazoo, MI |

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?

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Attorney answers 5


"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.


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

The information contained in this answer is intended to convey general information. Nothing contained in this answer is intended as specific legal advice. Although the content is believed to be accurate as to Michigan law, no guarantee is made that it is accurate and up-to-date. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.


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.


Hire an attorney as soon as possible to help with your appeal.

Kennedy Law Office, PLLC
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Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal rights. This answer is for educational purposes only.


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

If you are seeking legal advice, you should contact an attorney. Neither use of the information on this page nor an email to this office establishes an attorney-client relationship. Such relationship can only be established by an express agreement.

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