The term “double jeopardy” is something most people have heard from movies or TV shows, but in criminal law, it has a very real meaning that can directly affect your case. Understanding what double jeopardy is—and when it applies—is critical for protecting your constitutional rights.
The Definition of Double Jeopardy
Double jeopardy is a constitutional protection found in the Fifth Amendment of the United States Constitution. It prevents a person from being prosecuted twice for the same offense after either an acquittal or a conviction. In other words, once you’ve been tried and a final verdict is reached, the government cannot keep retrying you until they get the outcome they want.
This safeguard is meant to protect individuals from the stress, expense, and unfairness of being repeatedly prosecuted for the same alleged crime.
When Jeopardy “Attaches”
It’s important to know that double jeopardy protections don’t kick in immediately after an arrest. Jeopardy is considered to “attach” only once your case reaches certain stages in the court process:
- In a jury trial, jeopardy attaches when the jury is sworn in .
- In a bench trial (without a jury), jeopardy attaches when the first witness is given an oath and sworn in.
- In plea deals, jeopardy attaches once the court accepts the plea and enters a judgment.
Before these points, prosecutors can generally dismiss charges and refile them without violating double jeopardy rules.
What Double Jeopardy Protects Against
Once jeopardy has attached, you are protected in three specific ways:
- Against a second prosecution after acquittal. If you are found not guilty, the government cannot retry you for the same offense, even if new evidence surfaces later.
- Against a second prosecution after conviction. If you are convicted and sentenced, prosecutors cannot retry you for the same crime to seek harsher penalties.
- Against multiple punishments for the same offense. Courts cannot impose multiple penalties for the exact same criminal act.
Exceptions and Limits
While the rule sounds straightforward, there are important exceptions:
- Separate Sovereigns: State and federal governments are considered separate entities. This means you could be prosecuted for the same conduct in both state court and federal court without violating double jeopardy.
- Mistrials: If a mistrial is declared (for example, because of a hung jury), prosecutors can retry the case.
- Civil Court Lawsuits: You can be sued in civil court for the same conduct . A lawsuit in civil court is possible even if you were acquitted in criminal court. Double jeopardy only applies to criminal prosecutions. For example, after O.J. Simpson was acquitted of murder, he was later found liable in a civil case filed by the victims’ families..
- Appeals: If you appeal and your conviction is overturned, the defendant can be retried.
Does Double Jeopardy Apply In Your Case?
Whether double jeopardy applies depends on the unique facts of your case. For example, if your case was dismissed before trial began, prosecutors may be able to refile charges. If you were acquitted after trial, however, the government cannot try again.
Double Jeopardy can be a complex legal issue. It could be a powerful defense that prevents prosecutors from moving forward against you. If you believe you may be facing a Double Jeopardy problem, it’s critical to speak with an experienced criminal defense attorney right away. Our team can review your case, explain your options, and fight to protect your constitutional rights. Contact our office today to schedule a confidential in-person meeting 213-481-6811.