Legal Question in Criminal Law in New York

Double Jeopardy vs. an appeal

I'm a bit confused.I know that a person cannot be tried on the same charge twice as that is double jeopardy.But if the person is found guilty,appeals the verdict and the appeal is accepted,aren't they tried again by a jury on the same charge? If so,why isn't that considered double jeopardy(in a sense)?Thank you for your time and help.


Asked on 1/31/07, 4:46 pm

1 Answer from Attorneys
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: Double Jeopardy vs. an appeal

Simple answer is that "double jeopardy" protects you from being charged, prosecuted and found NOT GUILTY and then tried again for the same crime in an attempt to secure a conviction. An overturned verdict means that you were found guilty but that, due to some error, it shall not stand up under scrutiny and the Court MAY order a "do-over."

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Answered on 1/31/07, 4:57 pm


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