Legal Question in Criminal Law in Florida
convicted in 2009 for burglary. 364 days correctional facility. Now being charged for burglary 2008. Double Jeopardy????
Asked on 9/25/12, 12:39 pm
2 Answers from Attorneys
Craig Epifanio
Craig Epifanio, P.A.
No, unless it arose out of the same offense. However, there MIGHT be a statute of limitation argument. Have an attorney review the record to see if that is an option.
Answered on 9/25/12, 12:42 pm
Eric Trabin
Lucid Legal, PLLC
Not necessarily. It would be double jeopardy if the second case involves the exact same burglary with the exact same victim at the exact same time. If there is a separate crime, even if on the same day, it is not double jeopardy.
Answered on 9/25/12, 2:08 pm
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