Legal Question in Criminal Law in Illinois

is this double jeparody

my brother was convicted of a crime (murder in 1980's along with six other guys). there was only one person linking him to the crime.all the witness stated that my brother was not invloved. during the trial the witness said that my brother was not there and that he had only said that he was there because he did not like him. later during the trial the judge said that the testimony of the only witness was not truthful and that it was perjury.since then the only witness has gone to jail and still says that he had lied about my brother being involved in the crime.The judge let my brother go, only to retrial him for the same crime with no other witnesses saying that my brother was involved.


Asked on 7/02/05, 6:04 pm

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: is this double jeparody

This is not considered a double jeopardy situation. Double jeopardy (generally) applies when someone has been found not guilty of a crime. Then they cannot be retried for the same offense. In your brother's situation he was found guilty and now it seems he has been granted a new trial. My partner, William Raines, has experience in murder defense. If you wish to consult with him, his direct cell phone is 312-719-5959.

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Answered on 7/03/05, 7:45 am


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