Legal Question in Criminal Law in Colorado
Retrials
I have heard that it is illegal in Colorado to retry a person 4 times for the same charges--is this true? Can the state just keep retrying a person until they win?
2 Answers from Attorneys
Re: Retrials
Rules against double jeopardy apply in Colorado, if it is the exact same offense and same defendant and trial began and went through without mistrial. If you are charged with committing th same offense over and over, you are out of luck. It it is the very same act at the very same moment, but mistrials have been declared, you may have an argument for some relief, if the mistrials were all the People's fault.
Re: Retrials
It depends on why the first three trials didn't do the job. The first acquittal would have ended the matter. But if they were all mistrials, the DA can bring out the Energizer Bunny.
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