Legal Question in Criminal Law in Tennessee
I was in jail for 2.5 years never been to trial was charged with tenncare fraud and now a hearing is being held to dismiss the tencare fraud due to statue of limitations expired, now they are trying to charge me with theft.which goes allows them to charge outside the statue of limitations but on the same legal issues....can they do this and doesn't double jeopardy
Asked on 1/28/14, 12:28 pm
1 Answer from Attorneys
Obviously, you have an attorney. You should direct your questions to him/her.
As a general rule:
Double Jeopardy does not apply if you have never been tried the first time.
Your issue seems to be speedy trial, and your lawyer will tell you the standards that apply to a motion to dismiss for failure of the state to provide a speedy trial.
Answered on 1/29/14, 1:39 pm
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