if the person was found guilty on the charge he was sentenced for can the state attorney take them back to court for a higher sentenced because they didnt like what the judge gave this person would,t that be consider as double jeporady
Asked on 3/08/13, 4:38 am
1 Answer from Attorneys
Joseph Justice
The Justice Law Firm
It depends on what needed to be proven. In general this is double jeopardy, but when there is some additional element the state can sometimes bring additional charges. The easiest example would be a an aggravated battery where the victim died of the wounds after a long passage of time. The state can still prosecute later for murder even after convicting on the battery.
Answered on 3/08/13, 6:36 am
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