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
In Criminal Defense work, Double Jeopardy stands for the idea that a criminal defendant can not be charged for the same crime twice. Specifically, the Fifth amendment to the United States Constitution states that nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb. assault crimes In criminal defense, people frequently believe that their double jeopardy rights have been violated even when they have not. For instance, a Defendant's double jeopardy rights do not attach at a Preliminary Hearing. If a District Justice dismisses the charges against a defendant at a Preliminary Hearing because the government's witnesses did not appear to testify, the government, if they wish, may re-arrest the defendant on the same crimes that were just dismissed. The reason for this is that jeopardy (as used in the 5th amendment) does not attach until either a jury is sworn in in the case of a jury trial), or the first witness is sworn in during a bench trial (which is a trial before a judge and not a jury).