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Posts tagged "Criminal Defense Double Jeopardy"

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

Criminal Defense Double Jeopardy

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

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