Legal Question in Criminal Law in California

Re: Lesser Included Offense - Double Jeopardy

Double jeopardy is a complicated, heavily nuanced subject which cannot be summarized in the short space available for replies on this site.

There may be a form by which a defendant can *claim* double jeopardy, but I very much doubt there is one by which he can prove that it applies in his case. A defendant who wants to argue the issue generally needs to do more than fill out a standardized form and file it; he needs to present a cogent legal analysis based upon a fair and thorough presentation of the facts. Such work requires expertise in the law coupled with strong analytical and writing skills. In other words, it should be done by a lawyer.

Btw, "rebar" is the metal reinforcement embedded into concrete in some structures. It is not a legal term.

Re: Lesser Included Offense - Double Jeopardy

Filling out forms is not going to help you with your problem. Jeopardy for a particular crime normally attaches when the first juror is seated. Whether a prosecution for the second offense constitutes double jeopardy is a question your lawyer should be able to answer (as well as the question on time limits for a preliminary hearing). If you are a defendant facing felony charges and your lawyer won't answer questions like these, you should seriously consider hiring another lawyer.