Legal Question in Criminal Law in California

Double jeoparady

If someone was arrested, convicted & sentencenced for forgery and identity theft would it be considered double jeopardy if another case was filed that occurred prior to this arrest if all circumstanced were the same?


Asked on 12/02/04, 3:35 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Double jeoparady

If the other case involved a different incident then prosecuting him for it would not amount to double jeopardy. Double jeaopardy only prevents a second prosecution (by the same soverign authority) for the same crime, not for other occasions when the defendant broke the same criminal law.

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Answered on 12/02/04, 6:23 pm
Terry A. Nelson Nelson & Lawless

Re: Double jeoparady

Not unless they are trying to charge you with the SAME facts and actions. New charges on 'similar' crimes are not barred, regardless of when done or discovered. If you need counsel to represent you in the new charges, contact me.

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Answered on 12/02/04, 7:19 pm


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