Legal Question in Criminal Law in Virginia
What is double jeopardy ? A traffic in infraction was found not guilty dismiss in general district. A secondary charge that came out of the traffic stop was found guilty. I appeal the secondary charge the circuit court and was tried on both, And found guilty on both. Is this double jeopardy ?
Asked on 1/31/14, 11:01 am
1 Answer from Attorneys
Sean Hanover
Hanover Law
No, not double jeopardy. In Virginia, an appeal from a district court is heard in circuit -- and it is considered "de novo." This means that the circuit court hears the case as if it is being presented for the first time.
Answered on 2/15/14, 1:18 pm
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