Legal Question in Criminal Law in California
Double Jeopardy
Can a person that had a jury trial be in doulbe jeopardy (pc687) if the convictions for the public offence was over turned on appeal?
2 Answers from Attorneys
Re: Double Jeopardy
Generally, yes. Double jeopardy is much more complex than most laypeople realize and I won't try to explain its nuances here, but most retrials after appeal are part of the defendant's first jeopardy and not the beginning of a second.
Some types of reversals -- especially those based upon insufficiency of the prosecution's evidence -- will bar a retrial, but in most situations the case can be retried.
Re: Double Jeopardy
The jury verdict and the judgment were set aside by the appellate court. Thus the defendant has not been in jeopardy for the those charges. There are many variables in this matter. To fully understand them and be prepared to fully present a defense you need to consult with an attorney.