Shoplifting, Larceny, Robbery, Theft Double Jeopardy

[aymiee]

I have a friend who accepted a deal for two years for acts he didn't commit during a certain time period. Two months before he was released he was brought back into court for the same acts but for a different time period. He was found guilty and additional 37 years was tackled on. Is this double jeopardy? Are there court cases citing something similiar to this?

 

[Michael Wechsler]

That's a very good question. Double jeopardy is our constitution protecting us from having our freedom "in jeopardy" twice for the same crime. The distinction here is the same crime, not act. Let's say that your friend was tried for robbery and was convicted and a person died 2 years later as a direct result of the robbery. Your friend could also be tried 2 years later for felony murder charges, even though all flowed from the same act.

I'm not sure what the situation is with your friend. Without more it's difficult to discuss the issue. Were the charges different the second time around? I'm also not sure what you mean by "time period."

 

[aymiee]

Thank you for your reply. When he took the two year deal - it was for pimping. But he pleaded guilty for acts that occurred in let's say 96-97- First phase of the investigation. It was a big case and the attorney felt his chances were better if he pleaded guilty to a 2 year term rather than face a guilty verdict and 10+ years. However, his attorney failed to inform him that there was a second investigation and he could be implicated in that second investigation as well. Right about the time that he was to be released, that second investigation had undergone and he was brought back to court for the same acts but for different date period - let's say 97-98. He was found guilty and sentence to 37 years. I guess my question is, if it's for the same acts, can this still be double jeoapardy even though it occurred on different dates (because of the two different investigations)

 

[Michael Wechsler]

I wouldn't say it's two different time periods of the same act, it is the same type of act but different acts.

It's easier to think of robbery -- if you rob a house in NY in 98 and a house in NJ in 99, while both qualify as "theft", they are two separate acts in two different houses and are two separate offenses to be charged. With pimping, each time a girl is "pimped" that is a separate offense and can involve a different person and a different "john."