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.

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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.

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Answered on 10/04/07, 7:46 pm

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