Legal Question in Criminal Law in Idaho

2 possesion charge, does double jeopardy apply?

Pulled over for driving with out privilages, they searched and found a pipe, a crushed up bindle, and a container that had some more apparent drugs in it.

They originally charged me with driving with out privilages, paraphenilia, being high in public, and possesion of a controlled substance with intent.

Now the charges are all the same except the possesion is just simple possesion and about a month later they served us papers for a possesion with intent. So now there are 3 misdimeanors and two felonys on the same arrest. I have since pleaded guilty to simple possesion awaiting sentencing, also still have to plead on second charge, possesion with intent. Can they convict me with the second possesion or does the double jeapordy clause come in to effect because I allready plead guilty to the first possesion?


Asked on 12/10/01, 12:44 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: 2 possesion charge, does double jeopardy apply?

Every drug you are caught with can result in additional charges. Double Jeopardy means you can't be charged with the same crime twice, not that you can't be charged with numrous crimes resulting from the same set of circumstances.

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Answered on 12/30/01, 9:24 pm


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