What Is Double Jeopardy and Can It Affect My Case?

 Posted on December 11, 2024 in Criminal Defense

The phrase "double jeopardy" refers to a legal right in the Fifth Amendment of the U.S. Constitution that prevents people from being tried for the same criminal offense twice. It applies in all states, including Texas. This rule is designed to ensure that the legal system is fair by protecting people from being prosecuted repeatedly for the same crime. For more information about how this can apply to your criminal case, speak with a qualified San Antonio, TX criminal defense lawyer.

What Does Double Jeopardy Prevent?

Double jeopardy is protected in Section 14 of Texas’ Bill of Rights, as well as the U.S. Constitution. There are three main things that double jeopardy prevents:

• A second trial after you are acquitted: If a jury or judge finds you not guilty, you cannot be tried again for the same crime.

• A second trial after you are convicted: If you are convicted and sentenced, you cannot be prosecuted again for the same crime.

• Multiple punishments for the same crime: You cannot be punished under the same laws more than once for the same crime.

Since this protection is only relevant for criminal cases, it does not apply to civil lawsuits or administrative proceedings.

How Can Double Jeopardy Help Defendants?

Double jeopardy provides important protections for defendants. If these were not in place, the prosecution could keep retrying a case in an endless effort to get a different outcome. This would be unfairly stressful and expensive for defendants and could violate their right to a fair trial.

A defense attorney can play a crucial role in ensuring that your double jeopardy rights are upheld. If the prosecution tries to bring charges that violate double jeopardy, your attorney can file a motion to have the case dismissed.

When Does Jeopardy Attachment Mean?

Jeopardy attachment is when the rules for double jeopardy begin to apply. In Texas criminal proceedings, jeopardy begins when the trial officially begins. For a jury trial, that happens when the jury is sworn in. For a trial by judge, it is when the first witness is sworn in. Once jeopardy attaches, double jeopardy rules apply and can limit the prosecution’s actions.

What Are The Exceptions to Double Jeopardy?

While the double jeopardy rule can offer important protections, there are some exceptions when it does not apply. These include:

• Mistrials: When there is a mistrial, the prosecution generally can retry that case.

• Separate Sovereigns Doctrine: Double jeopardy does not apply to different governments. For example, you could be tried in Texas state court and again in federal court for the same crime if it is relevant to both state and federal laws.

• Related Crimes: If you are accused of committing two separate offenses during the same incident for example burglary and assault, you can be tried for each offense separately. Even though the crimes in question happened during the same event, they can be treated as separate offenses and the double jeopardy rule does not apply.

Contact a San Antonio, TX Criminal Defense Lawyer

When facing criminal charges, one of the first and smartest things you can do is consult with a skilled Texas criminal defense attorney. At Law Offices of Sam H. Lock, we are familiar with the intricacies of state and federal law and are dedicated to fighting hard to protect your rights. Whether we can use the double jeopardy rule to ensure a favorable outcome or another aspect of the law, we will do whatever it takes to create a strong defense strategy. Call us at 210-226-0965 to schedule a private consultation.