Legal Question in Criminal Law in California

double jeopordy

I was at a friends house last August and they got raided for drugs. I am not on probation but the police searched me, and after 7 hours of holding me at their house forced me to go to the police station with them and pee in a cup and I got charges for under the influence of a controlled substance. Less then 5 days later the same policeman came to my house searched my house and me found nothing and forced me to go with them again to the police station and pee in a cup again. I paid $5500.00 to a law firm to plead me not guilty, but instead I got a pro 36 for the first case and the second case is pending. Isn't their a double jeapordy law about being charged with the same crime twice especially within such a short time frame? Also I wanted to know if I get the right lawyer would I be able to get the first case overturned if I can get the second case a not guilty verdict on grounds that the officers tested me illegally? I know it's a long shot but is it possible?


Asked on 12/27/08, 6:44 pm

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

Re: double jeopordy

Double jeopardy means you can't be prosecuted twice by the same government for the same criminal act. But if you commit a similar act that violates the same statute you violated the first time, you can be prosecuted separately for each violation. A legal system that barred such prosecutions would encourage people to repeatedly break a law after being prosecuted for violating it once. Such a rule would serve no useful purpose and would likely cause a great deal of harm.

A successful outcome in the second case will have no impact on the outcome of the first.

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Answered on 12/27/08, 8:20 pm
Joshua Hale Hale Law Group

Re: double jeopordy

Although I agree with the "law" of the first scenario, if you were searched illegally twice, you may be able to get the first case overturned and possibly an innocent verdict on the second case.

If you would like to discuss this further please call me at your earliest convenience.

JDH

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Answered on 12/27/08, 11:36 pm


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