In criminal law, double jeopardy attaches when a jury is sworn in, protecting a defendant from being prosecuted again for the same offense; even if a case is dismissed, the defendant retains double jeopardy rights and should consult a lawyer if facing re-prosecution.
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UPDATE: Big Win in Felony Court (double jeopardy)Ajouté :
Everybody, this is Malachi with The Law Firm. Just wanting to provide a little case update on our page. We have a video in front of the Waller County Courthouse from January where we had got a case dismissed after the jury had been sworn in. In our mind, that meant that double jeopardy had attached. However, the prosecutors out there had a different idea and they actually re-indicted our client back in, I believe it was March.
Well, after a motion to quash, which gets rid of the indictment on double jeopardy grounds, we filed that, had argument, and the judge ruled in our favor. got rid of that case forever. So, even if you get a dismissal, keep in mind that that doesn't mean the case is over, but you are protected under double jeopardy rights and you should have a lawyer look into that if you find yourself in the same situation.
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