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Been charged twice for possession of marijuana and drug paraphanila
- Thread Starter korarde
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army judge
Super Moderator
Double jeopardy protection applies only where the defendant had been previously acquitted of a charge.
Joe was acquitted at trial of a first degree murder charge that occurred on December 25, 2006. Joe was acquitted by a jury on March 30, 2009.
Subsequently, on June 1, 2010; Joe was charged with manslaughter (a lesser and included offense) by the state. Double jeopardy attaches, and Joe could move to have the lesser charge quashed.
Your facts are not similar to Joe's.
Double jeopardy won't attached based on the fact pattern you presented.
I suggest that you only discuss your case with your lawyer.
You might have other affirmative defenses.
Joe was acquitted at trial of a first degree murder charge that occurred on December 25, 2006. Joe was acquitted by a jury on March 30, 2009.
Subsequently, on June 1, 2010; Joe was charged with manslaughter (a lesser and included offense) by the state. Double jeopardy attaches, and Joe could move to have the lesser charge quashed.
Your facts are not similar to Joe's.
Double jeopardy won't attached based on the fact pattern you presented.
I suggest that you only discuss your case with your lawyer.
You might have other affirmative defenses.
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