Legal Question in Criminal Law in California

fully litigated charge

Will double jeopardy apply if a person is charged with a crime & it was full litigated down to a lesser crime ( meaning the Prosecution amended the original complaint a few times to something less) found guilty on that lesser crime. Then a year or so later picked up and charged with the original charge from before? Also what exactly is collateral estoppell and would this apply?


Asked on 9/10/07, 1:26 am

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

Re: fully litigated charge

Answering your questions is impossible in the limited space available here, especially without more details. What little you have said suggests that this might be double jeopardy, but a lot that remains unsaid could lead to the opposite result.

Collateral estoppel takes about an hour of lecture time and a few hours of assigned reading to teach in law school and cannot be easily reduced to a few paragraphs -- especially for readers who are not already at least somewhat familiar with the law. You should contact a lawyer directly to discuss your situation.

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Answered on 9/10/07, 1:35 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: fully litigated charge

Asking what is essentially the same question a bunch of times is not going to help you. What is going to help you is to hire an experienced lawyer if you do not already have one.

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Answered on 9/10/07, 1:46 am


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