One significant defense in the realm of criminal defense is the theory of Double Jeopardy. Double Jeopardy, which is a Constitutional amendment to the United States Constitution essentially holds that a criminal defendant cannot be tried for the same crime more than once. VIolent Crimes Although the idea of Double Jeopardy is very well known among almost all people, the Pennsylvania Legislature took the idea of Double Jeopardy to a hire level when they drafted section 110 to the Pennsylvania Crimes Code (Title 18). Section 110 is entitled: When prosecution barred by former prosecution for different offense and deals exclusively with the question of when the prosecution cannot bring a second case against a criminal defendant because the facts so closely resembled those of the first criminal case. Make sure to contact an experienced Chester County Criminal Lawyer if you believe that the government has violated rule 110 in charging you or a loved one
Although the Criminal Defense brought up in section 110 does not mention Double Jeopardy, the rule seems designed to protect that right. Section 110 states that the government may not charge a defendant for a violation of a different statute than a prior prosecution, under the following circumstances Mobile Tracking Devices:
(1) The former prosecution resulted in an acquittal or in a conviction and the subsequent prosecution is for: And
(i) the defendant is charged with any criminal offense which the defendant could have been convicted of on the first prosecution; or
(ii) any offense based on the same conduct or arising from the same criminal episode as the first prosecution, if such offense was known by the prosecution at the first trial and occurred within the same county; or
(iii) the defendant is charged for the same conduct as he was in the first prosecution.
Contact the Law Offices of Kelly & Conte with any questions you may have.