Legal Question in Criminal Law in Maryland

can i be charged with the same charge twice (2nd degree assault) in the same exact case? the charge was dismissed and the case was closed and now serveral months later they are charging me with the same charge in the same case. Does double jeopardy apply?


Asked on 1/30/11, 12:41 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

Double jeopardy bars retrial when you have been either acquitted or convicted. Perhaps this charge would violate the terms of a plea bargain, if you had one.

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Answered on 2/08/11, 3:48 am


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