Legal Question in Criminal Law in Alabama

A warrant issued on complaint, I answered the warrant appeared in court, plead "Not Guilty" was instructed to return on a sequent date which I did and at that time a trial was held. At the close of the proceeding His Honor stated he would render his decision the following Tuesday and for all parties to return at that time.

Upon my arriving the following week I learned His Honor had accepted an appointment to the District Court and a new City Judge had been named and that I would have to return at a later date to stand trial again for the same offense as the former Judge failed to render his decision.

Jurisdiction attached, should a Judgment not be issued by the original Judge???

Asked on 7/26/11, 5:21 pm

1 Answer from Attorneys

William Pfeifer Pfeifer LLC

You need to retain an attorney immediately to challenge the retrial on the grounds of double jeopardy. A ruling should have been issued by the first judge. His lack of a ruling does not authorize another judge to conduct a new trial, it just leaves the first case in limbo. A new judge cannot step in and force you to go through an entire trial again over the same facts in the same court. Hire an attorney to file a motion to dismiss on double jeopardy grounds, and if that fails then take the issue up on appeal. Good luck to you.

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Answered on 7/26/11, 9:16 pm

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