Legal Question in Criminal Law in California
double jeopordy
If the first trial was a mistrial and the second was convicted on 5 counts of 288 and 1 of 269 is that considered double jeopordy?
Asked on 10/04/07, 7:29 pm
2 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Re: double jeopordy
No. The state had the right to retry after a mistrial. The real "double jeopardy" will be when this person goes to prison and the other prisoners find out he's a convicted child molester.
Answered on 10/04/07, 7:38 pm
Terry A. Nelson
Nelson & Lawless
Re: double jeopordy
If there was a valid issue of double jeopardy, there wouldn't have been a second trial.
Answered on 10/04/07, 7:46 pm
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