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?


Asked on 3/20/05, 11:41 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 3/21/05, 2:05 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

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.

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Answered on 3/20/05, 1:12 pm


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