Legal Question in Criminal Law in Washington

Indecent Leberties

Can A Person be tried twice for the same crime?


Asked on 1/28/09, 7:15 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: Indecent Leberties

Yes. Although there is a double jeapordy prohibition in the Federal and State constitution, there are a number of conditions that have to be met for double jeopardy to attach. The most common way around it is that it must be the same jurisdiction. With some many overlapping jurisdictions it is possible to find yourself charged with the same crime in multiple courts and not have a double jeopardy defense. Another issue to examine with double jeopardy, and much more likely to bar a subsequent charge in Washington State, is the issue of mandatory joinder and the possibility that your speedy trial right bars later charges for the same or related activities.

At your service,

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Answered on 1/29/09, 1:26 pm


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