Legal Question in Criminal Law in North Carolina

what do i do if i have been charged with the same crime twice in the past


Asked on 12/20/11, 6:22 am

1 Answer from Attorneys

Clarke Dummit Dummit Fradin (Winston-Salem Office)

Get a good lawyer! I do not mean to be humorous, but I assume you mean the exact same crime, and not just your third time shoplifting at different stores. There are clear double jeopardy issues in cases such as these, however it is much more complex than a simple answer I could give here. The State is allowed under NCGS 15A-931 to take a dismissal of a case before jeopardy has attached, and recharge the case later. There is no law in North Carolina defining whether it is proper to allow the State to do this twice. There is an excellent argument that using this procedure twice, or in an improper way, constitutes a violation of your due process rights under Simeon vs Harden. This is a very different challenge than the double jeopardy challenge. You may have a good fight on both issues depending upon complex facts. Get a good Attorney and fight the complex issues.

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Answered on 12/20/11, 11:46 am


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