Can You Be Charged Twice for the Same Crime in California?
Double Jeopardy is one of the most important protections in criminal law. In simple terms, it means the government generally cannot prosecute you again for the same crime after you have already been acquitted or convicted. In California, this protection is recognized under Penal Code Section 687, which bars a second prosecution for a public offense after a person has already been prosecuted and convicted or acquitted.
But Double Jeopardy is often misunderstood. It does not automatically apply just because you were arrested, investigated, or had charges filed against you. Usually, jeopardy must “attach,” meaning the criminal case has reached a certain stage, such as trial. If charges are dismissed early, prosecutors may sometimes be able to refile the case depending on the reason for the dismissal.
When Does Double Jeopardy Protect You?
Double jeopardy may protect you in three major situations:First, if you were found not guilty, prosecutors usually cannot try you again for the same offense. Second, if you were convicted, the government cannot simply prosecute you again because it wants a better result. Third, double jeopardy also protects against multiple punishments for the same offense.
California also has Penal Code Section 654, which prevents a person from being punished more than once for the same act or omission when that conduct violates multiple criminal statutes. For example, a single act may lead to multiple charges, but the court may not be allowed to impose multiple punishments for the same conduct.
When Can Prosecutors Still File Charges?
Double Jeopardy does not always stop a new case. Prosecutors may be able to file different charges if the new charge is legally separate from the first offense. It also may not prevent separate federal and state prosecutions in certain cases. That is why the key question is not simply, “Was this the same incident?” The real question is whether the second prosecution is for the same legal offense.
Don’t Let the Government Get a Second Shot at You
If you believe you are being charged twice for the same crime, do not assume the court will catch the problem automatically. Double jeopardy issues must be raised clearly, strategically, and at the right time. Before you walk into court, enter a plea, or accept a deal, make sure your rights are protected. Contact Stephen G. Rodriguez & Partners at (213) 481-6811 for a free in-person consultation.