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Can i be tried twice for the same charge?

Decatur, GA |

I went to trial on felony cocaine charges i was found guilty but come sentencing the charge was void because i was never indicted so i was charge with my lesser charge which was giving a false name but later the D.A went back & indicted me on my felony cocaine charge

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Attorney answers 3


Your use of the word "void" indicates to me that there was something fatally flawed about the original case such that you weren't really "in jeopardy" at the first trial at all. These issue sometimes arise on jurisdictional grounds (such as where at trial people learn for the first time that the crime occurred in another county).

So can you be tried twice? In a few situations, yes.

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I'm not clear what you are talking about. I assume you are saying that you were accused instead of indicted and then went to trial on the accusation. Perhaps the case wound up on appeal or the judge granted a motion for new trial based on the allegation that you should have been indicted rather than accused. Whatever the basis might be, you seriously need to hire an attorney to help you. Double jeopardy issues can be tricky and DA's will do whatever they can to make a conviction stick. Contact me if you have further questions.


The District Attorney's office can seek another indictment so long as jeopardy has not attached to the original one. They typically do this to add or modify charges. If they get a new Indictment, then the old one usually is dismissed.

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