Is it true that if you are convicted of the same crime three times then you go to jail?

Answer 1

This question is a little tricky because of its phrasing. It sounds like the crime you're asking about is one that is relatively minor and wouldn't ordinarily involve jail time.

"Three strikes" laws in most states require that the first and/or second offense be a violent felony. Such a crime would almost certainly involve an extended sentence in jail, so to say that the criminal would "then go to jail" after a third offense is a little misleading because he probably has already been in jail.

Take California as an example. Most supporters of the "three strikes" law there probably intended to give a criminal with two prior convictions for serious felonies a much harsher sentence the third time around. Say some guy uses a gun to rob a store, gets caught, and goes to jail. He gets out only to do the same thing a second and third time. On the third go-around, the law punishes him with a much longer sentence.

You might have seen criticism of the law because the third crime doesn't have to be one that carries a big penalty if a first-time offender does it. Suppose the guy in the earlier example doesn't have a gun when he gets out the second time, so he shoplifts instead of committing armed robbery. For someone else, this crime would be a misdemeanor and might not involve any jail time, but for our guy, it's a felony (for reason other than "three strikes") and will carry a mandatory sentence of at least 25 years in jail.

Answer 2

Yes, but only if a mistrial was declared by the judge, not if the Defendant was acquitted.