Legal Question in Constitutional Law in Florida

Re: Does Double Jeopardy apply?

Finding new evidence does not justify a new criminal trial after a defendant has been acquitted. However, the rule against double jeapordy only applies if the second prosecution is brought by the same soverign power (e.g. the same state or the federal government). If one criminal act violates both state and federal laws, then the state and federal governments can both prosecute and the end of the first trial does not prevent a second trial by the other authority. This is how the Oklahoma City bombing defendants were tried in both state and federal courts. The same analysis applies when a single act amounts to a crime in two different states, which is often the case for such violations as drug trafficking or fraud.

Thus, if one soverign has tried a defendant and another has yet to do so, the second sovereign can use new evidence which came to light after the defendant was acquitted in his first trial.

This is probably a longer answer than you expected, but the concept of double jeopardy is more nuanced than many people realize.