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Yes and no. If you were found not guilty of the original crime by a judge or a jury, you cannot be re-tried for that same particular crime. That is known as "double jeapordy." If the case was 'dismissed' it makes a difference whether it was dismissed WITH prejudice or WITHOUT prejudice. If dismissed WITH prejudice you may not be re-tried for the offense, if dismissed WITHOUT prejudice you CAN be re-tried for the same offense. ALSO - if the trial resulted in a "hung jury" the state can choose to re-prosecute you for the exact same offense.
Wiki User
∙ 13y ago
Wiki User
∙ 15y agoThe only way that you can be retried after being found guilty of a criminal offense and sentenced is to file an appeal to that verdict in the respective state or federal court (depending on the offense) and win that appeal by either having the case reversed or remanded to the trial court for a new trial on the specific issues identified by the appellate court. If the case is reversed on appeal, then the State will have the option to retry the individual on that charge. The appeal must be filed within a specified period. This period varies between states.
Wiki User
∙ 13y agoYes, under the so-called 3-strike rule applicable in some states, you can be charged each and every time you commit an offense. It makes no difference whether the offense is a repeat of the same as a previous one or not.
If you were charged and convicted for robbery last year - you got one strike.
If you are charged and convicted with another robbery this year, you now have two strikes. It is the number of crimes you commit that counts, not the type of crime.
Wiki User
∙ 15y agoYes. If you get a re-trial, that means you got a "do-over," just like the first one never happened. Therefore you will get a sentence pronounced just as if this were the original case.
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When can someone be tried for the same offense?
It is illegal to be tried for the same offence twice.
If tried in a federal court and found innocent can you be tried again for the same offense?
You cannot be tried for the same offense if found innocent or guilty before.
Can you be retried if you are acquitted?
A person may be retried for the same offense as long as he has not been acquitted of that offense in a previous trial. A person who has been acquitted may not be tried for the same offense.
Tried twice for the same crime?
Under American law, a person "cannot be tried twice for the same offense"; that is, for the same single incident. If a person is acquitted of murder, that does not mean they cannot be tried for (and convicted of) another murder. (They can also be found guilty of other crimes stemming from the first incident, but they cannot be retried once acquitted.)
Do people accused of a crime in Illinois must stand trial in a neutral state?
No - you are 'tried' in the same state the offense was committed and, in fact, in the same jurisdiction in which the offense was committed.
Why is it not considered to be double jeopardy when you are convicted of fourteen counts of child pron when all the pictures are in one folder?
Each picture is a separate offense. It would be double jeapordy (which is prohibited by the Constitution) if you were charged and tried more than once for the same picture.
Which law states that an attorney should protect their client from being charged twice for the same crime?
The Bill of Rights in the Constitution forbids what is called "double jeopardy". It means a person cannot be tried more than once for the same offense. It just means that the government can't do this to you, it does not put any special obligation on an attorney.
How many time can a person be charged with same crime?
Only once, it is illegal to be tried for the same thing.Another View: If the jury rendered a verdict of not guilty in the initial court case, OR the case was Dismissed WITH Prejudice, the defendant can NOT be re-tried.However, if the case was Nolle Prossed, or Dismissed WITHOUT Prejudice, or the jury in the first trial was deadlocked and/or a mistrial was declared - THEN the defendant MAY be re-tried.
What is the fifth amendment right against double jeopardy?
It basically means that if you have been prosecuted for some offense and have been either acquitted or convicted of that offense, you can not be prosecuted again for that offense. It also means you can not be "punished" more than once for the offense.
Can you be charged for the same crime in Indiana and Illinois?
If you committed the same offense, seperately, in each state, you can be charged with each separate crime. You cannot be tried in IL for a crime committed in IN, and conversely, you cannot be tried in IN for a crime committed in IL.
Would double jeopardy apply if a crime was committed and defendant was convicted and served time in jail in Washington then went to Louisiana and committed the same exact crime the same way?
No. That is a repeat offense, and most likely, you will do more time the second time around. Double jeopardy is being tried for the exact same crime. For instance, if you kill someone, you can't be tried and convicted twice. What you're asking is akin to saying can I kill once, serve time, then go out and kill again? No.
What happens if you confess to a crime after being found not guilty?
You can't be tried for the same crime twice; that would be "double jeopardy." If you are found not guilty in state court, you can be tried in federal court for the same incident under a different theory, depriving someone of his civil rights, e.g.
