Legal Question in Criminal Law in New Jersey

Double Jeporady

If i was convicted of a third degree possession and started doing time as soon as the verdict was handed down and had a hung jury with a second degree possession with intend to distribute can i be retried on a second degree after i start serving time for the 3rd degree possession.


Asked on 10/30/03, 12:29 pm

2 Answers from Attorneys
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Double Jeporady

Yes. The jury was hung on the second degree possession. The fact that you are serving time for the third degree doesn't matter. You are still innocent of the 2nd degree and the Sate has to prove you guilty. Sounds like you need a good lawyer because a second degree means you face 5 to 10 years. Call me or email me, 201-646-9799. I have tried and won many many many drug cases (including sales to undercovers).

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Answered on 10/30/03, 3:32 pm
Gary Moore Gary Moore Attorney At Law

Re: Double Jeporady

Probably.

Gary Moore

Hackensack, New Jersey

201 342 7933

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Answered on 11/04/03, 3:36 pm


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