Legal Question in Criminal Law in Minnesota

It depends on what the new evidence was that was acquired. Probably yes, if the new evidence shows that there were other criminal acts. Probably no, if the new evidence shows that the original charge should have been more serious. Perhaps another attorney has a different opinion.

If the evidence indicates that the new conduct was part of the same offense, it is unlikely. For example if the person was convicted of third degree sexual conduct and new evidence may indicate a first degree criminal sexual conduct was committed instead, it cannot be charged because the charge uses the same nexus of facts and would constitue double jeopardy.

If the new offense has entirely different statutory factors, it may be charged without a violation of constitutional rights. The Fifth Amendment protections against double jeopardy also do not protect a person from being tried by two or more separate governments. Accordingly, both the federal government and the state government are able to charge and prosecute one person for the same criminal act, which is often the case for drug related crimes. As well, two or more states can prosecute and try a person for the same criminal act.