Legal Question in Criminal Law in Texas

Arraigned Twice

I was arraigned twice for the same crime. I was arraigned in a county where the crime did not happen held 72 days and released because they had no charges on me.I was then picked up in the county the crime happened in and arraigned again for the same crime. Was this legal ?


Asked on 3/09/05, 9:54 pm

2 Answers from Attorneys

ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Arraigned Twice

Unfortunately you can be charged in a different county for this crime and it goes beyond just the issue of double jeopardy.

What is even more messed up is that the other county could have tried you and you could have been found not guilty and then the county that actually has jurisdiction could pick up the case and retry it again. Sounds crazy but that's in the Texas Code of Criminal Procedure.

What you are entitled to is the 72 days credit you earned in the other County.

The Lone Stare State is a whole other Country.

If my office can be of any assistance to you please feel free to contact us.

Sincerely,

Erick Platten

Law Office of Erick Platten

903-593-9100

TylerJustice.com

[email protected]

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Answered on 3/10/05, 11:32 pm
Andrew Casanave Andrew M. Casanave

Re: Arraigned Twice

Yes. Because you did not face trial in the other county there was no jeopardy, therefore the new charge is not "double jeopardy".

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Answered on 3/09/05, 10:10 pm


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