Legal Question in Criminal Law in California

Re: is this double jepordy?

if you would like to email me directly more specific details to your case, i may be able to further assist you in this matter.

Re: is this double jepordy?

I'm not sure what you mean when you say you were "recently made aware of the situation". What part of this did you learn recently? You must have known of your two arraignments since you must have been present for them. You must have known about your subsequent arrest for the same reason, and you obviously knew about your plea bargain. It is hard to believe you would not have known about the enhancements that were included in the charges involved in the plea bargain, so I don't see how any of this could have just recently come to your attention. Is there something you left out when you wrote your question?

The title of your question asks if this is double jeopardy, and the answer is no. Merely being arraigned does not put a defendant in jeopardy, so being arraigned a second time is not double jeopardy. Your subsequent arrest was evidently for a separate crime, since you say that you were never arrested on the first crime. An arrest and prosecution for a separate crime is not double jeopardy; if it were, then anyone who has been arrested once would be free to commit as many new crimes as he wanted. Sentencing enhancements can amount to double jeopardy if the underlying laws are written poorly, but California's laws have survived this type of challenge in the courts so it is unlikely that you would win on such an argument.

This analysis is based on the very limited information you provided, and it is possible that I would reach a different conclusion if I knew more about your case.

Re: is this double jepordy?

Thank you for your inquiry.

Double jeopardy prevents you from being tried twice for the same crime, not arraigned twice for the same crime.

If you were arrested for a separate matter that you were not involved in, you, or your attorney, needs to defend against those charges.

I hope that this helps, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.