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.