Legal Question in Criminal Law in California

Double Jeopardy

A criminal charge of ''Workers Compensation Fraud'' is dismissed by the Court because it was filed after the statute of limitations had run out (i.e., using the application date for benefits as the date of misconduct). Immediately after the dismissal, a new criminal charge of ''Insurance Fraud'' is filed against the same defendant for the same conduct. The theory is that receipt of ongoing medical services constitutes a new statute of limitations. Why would this not be ''Double Jeopardy''?


Asked on 9/21/08, 4:13 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Double Jeopardy

Jeopardy attaches when a jury is sworn in to hear the case (or, in a bench trial, when the trial actually begins). The dismissal would have occurred before this point. Since there has been no first jeopardy, the new charges do not expose the defendant to a second.

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Answered on 9/21/08, 4:21 pm
Terry A. Nelson Nelson & Lawless

Re: Double Jeopardy

Not unless you went to trial on the first charge. Nice try, though.

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Answered on 9/21/08, 5:09 pm
Daniel J. Mangan III JuryTrialJustice

Re: Double Jeopardy

On DJ you will lose as there was no first trial...speedy trial issues might remain if it has been a very long time since the last "criminal conduct" and some defense issue is prejudiced by the delay...not easy to win but worth a look..talk with you attorney.

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Answered on 9/21/08, 5:17 pm


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