Legal Question in Criminal Law in Montana

Double Jeopardy

I realize being tried again for the same crime is double jeopardy, but I was wondering if someone can be tried again for a crime if substantial, new evidence is found that suggests one's guilt though they were already aquitted. Can that individual be tried again in light of this new evidence? Thank-you for your response.


Asked on 9/16/99, 9:30 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Double Jeopardy

I'm going to have to give you the standard lawyer answer which is, it depends. If there is a similar charge in the federal system, the charge may be brought again there, but not vice-versa in Montana. If the new evidence could provide the basis for another charge, that is not a lesser included offense within the first charge, a person could be tried again.

The general rule is that the person could not be tried for that offense again.

Read more
Answered on 9/27/99, 4:55 pm


Related Questions & Answers

More Criminal Law questions and answers in Montana