Legal Question in Criminal Law in California

Double Jeopardy

Can Double Jeopardy be applied to a case that was previously a mistrial? It was declared a mistrial because the DA, whom was informed on the record to inform all of her witnesses not to mention my husband was on parole, did not do so and her first witness mentioned he was on parole. When we appeared in Court the next time, we were informed if my husband didn't take a 6 year deal, they were refiling and adding an additional count. They followed through with their threat. Can they do that? The case has been going on since 11/01. Are there any elements of possible prosecutorial vindictiveness?


Asked on 3/09/03, 1:36 am

2 Answers from Attorneys
Michael Troy Attorney at Law

Re: Double Jeopardy

Although I like to give whatever information I can on this site, I must agree with Mr. Wolf. This question is very complex. I suggest you seek a local criminal defense lawyer. You will need someone with probably at least 5 years of actual criminal trial experience to ensure a fully informed response.

Read more
Answered on 3/13/03, 2:30 am
David Diamond Diamond & Associates

Re: Double Jeopardy

THERE ARE MANY FACTORS THAT WE WOULD NEED TO DISCUSS TO PROPERLY ANSWER YOUR QUESTION. Give us a call. LARRY WOLF 310 277 1707

Read more
Answered on 3/09/03, 3:51 pm


Related Questions & Answers

More Criminal Law questions and answers in California