Legal Question in Criminal Law in Texas
Double jeopardy- Constitutional right?
If the someone was charged with a crime and the court dismisses the case and then other court, in the same county, picks up the case and then they re-dismiss it. Can they keep on doing it. Isn't that a violation of ''Double Jeopardy'' clause in the U.S. constitution?
Asked on 10/01/08, 4:47 pm
1 Answer from Attorneys
michael palmer
Law Office of Michael Palmer
Re: Double jeopardy- Constitutional right?
no, jeopardy only attaches at trial. They can keep on dismissing and refiling charges until the statute of limitations pass.
Answered on 10/01/08, 5:10 pm
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