mpostelwait
New Member
I was recently prosecuted in magistrate court for battery. The magistrate found me guilty and sentenced me. However, the prosecutor is also representing the county commission in seeking my removal from a water board. They listed battery as one of the reasons to consider me for removal from the board. We are appearing before the Circuit Judge monday for the pre-trial.
My question is does Double Jeopardy apply here? I know that Double Jeopardy is passed on to civil law through the fourteenth amendment, but I don't know if I could use it to ask for a dismissal of the battery charge in circuit court.
My reasoning is this, I was found guilty and sentenced in magistrate court, if the Circuit court judge uses the battery to determine that I should be removed from the board would that not constitute being punished twice for the same crime?
Also, I want to know if it does apply, could I motion for dismissal for double jeopardy during the pre-trial or is it to late?
My question is does Double Jeopardy apply here? I know that Double Jeopardy is passed on to civil law through the fourteenth amendment, but I don't know if I could use it to ask for a dismissal of the battery charge in circuit court.
My reasoning is this, I was found guilty and sentenced in magistrate court, if the Circuit court judge uses the battery to determine that I should be removed from the board would that not constitute being punished twice for the same crime?
Also, I want to know if it does apply, could I motion for dismissal for double jeopardy during the pre-trial or is it to late?