Legal Question in Criminal Law in Ohio

double jepardy

my son a few years ago went to jail for assault, at the time the girl he assaulted didn't show up at first and he said my son should plead guilty cause she might eventually show up and get another trial. my son asked wouldn't that be double jepardy especially if they find me not guilty, he said that only murder had double jepardy, that they could take him back to court, my son pled guilty and and she was found as she had been in jail, but my other son, said that if he had let it go to trial and plead not guilty and she was a no show , he couldn't have been tried again because of double jepardy . It was awile ago, but I would still like to know if If my son would have not had to go back to court after her not showing, and used the doeble jepardy


Asked on 10/25/07, 3:58 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: double jepardy

Double jeopardy applies to all criminal charges, not just murder. If your son went to trial and was found not guilty of the offense charged (either because this woman did not appear or simply because the jury did not believe he was guilty) the State could not charge him again for that same offense.

The State could, however, charge him for other offenses if the law and facts support those other charges and if other circumstances are met.

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Answered on 10/26/07, 2:00 pm


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