The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014-2016 | 3 Years | Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys Top 10 Attorneys American Jurist Institute 2017 American Jurist Institute Top 10 Attorneys Personal Injury Attorney | Top 10 Attorney And Practice Magazines | 2017 America's top 100 Criminal Defense Attorneys | 2017 | top 100
Law Offices of Kelly & Conte Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
Visa | Mastercard | American Express | Discover Network
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys
2016 top 100 lawyer ASLA
10 best 2016 client satisfaction| American Institute of personal injury Attorneys
American Jurist Institute Top 10 Attorneys
Top 10 Attorneys American Jurist Institute 2017

Criminal Defense Double Jeopardy

One issue that can arise from time to time in Criminal Defense cases is Double Jeopardy. When "double jeopardy" is referenced it means that a criminal defendant in Pennsylvania cannot be tried twice for the same crime. probation violations So, if a person charged a second time for the same crime can use double jeopardy as a criminal defense. In the decision of Benton v. Maryland, the United States Supreme Court decided that all constitutional guarantees in the Bill of Rights apply equally to state and federal governments. This means that criminal defendants have been protected from double jeopardy at both the state and federal level. Accordingly, a criminal defendant can argue that criminal charges against him should be dismissed as a result of double jeopardy if the Commonwealth of Pennsylvania charges the defendant with acts that he had already pled guilty to

Double Jeopardy is typically not a defense used in criminal defense cases because it is rarely applicable in a case. how to choose your attorney Double jeopardy only protects a criminal defendant from being prosecuted more than once for the same crime. It does not prevent an individual from being tried twice for the same alleged crime if the jury could not reach a decision during the first trial or the judge granted a mistrial as a result of jurors hearing facts in the case that they should not have. It does not, however, protect a defendant from being tried for the same crime by two different governments. This is known as the "dual sovereignty" doctrine. When someone has been charged with a crime by more than one jurisdiction, consulting an experienced criminal defense attorney should be the first course of action. At the Law Offices of Kelly and Conte we are here to help you with your charges. Contact our offices today for a free consultation.

No Comments

Leave a comment
Comment Information

Why We Succeed

Preparation.

We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...

Experience.

For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...

Commitment.

We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule Your Free Consultation

Schedule a Free Case Evaluation

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

West Chester Office
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions

Pottstown Office
934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions

Kennett Square Office
110 East State Street
Suite 305
Kennett Square, PA 19348

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions