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Can an individual ever be held criminally responsible and civilly liable for the same act or occurrence?
Double Jeopardy only applies to criminal cases being tried by the same sovereign, for the same criminal act. Because civil cases, at most, put the defendant in danger of losing money (but not his life or freedom) he cannot be said to be put in jeopardy of "life and limb" in a civil case.
Double jeopardy refers to a person being tried again for the same offense after being acquitted. In such kind of situation, you need to take suggestion from the best attorney like Sebastian Ohanian who is popular in this field.
Answer No, double jeopardy only applies to criminal trials for the same charges in the same jurisdiction. You could also be tried in state court, acquitted, and then tried in federal court and convicted because they are considered different trials for different charges. A famous example of this might be OJ Simpson, found to be not guilty of his wifes murder and then found guilty after the civil court case. It is a U.S. constitutional right not to be held in double jeopardy, the Fifth Amendment ensures that no "... person be subject for the same offense to be twice put in jeopardy of life or limb". There are however now exceptions. ANSWER There are no exceptions. You can only be tried in federal court on federal matters: murder is normally not a federal matter so OJ Simpson could not be tried twice. Further, the exceptions in the U.S. are few and far between: First, when a jury finds someone Not Guilty, there is no appeal allowed unless bribery took place or something that never put the defendant in jeopardy. Second, on appeal, a verdict is changed to Not Guilty or a verdict of Guilty is set aside by the judge can be appealed by the Prosecution within a reasonable time. Only exceptions!s!
What else can I help you with?
Sign fake signature?
A false signature is considered forgery and, depending on the circumstances, can be prosecuted civilly and/or criminally.
An individual can be found civilly liable?
Yes.
Can anyone be held acountable for the false allegations for abuse?
Yes. The person who makes the false allegations can be held accountable both civilly and possibly criminally.
Can you be charged both civilly and criminally at the same time in PA for retail theft?
Of course. Actually you are only "charged" for a crime and you are "sued" civilly. In your example, the retail theft is a crime and can be indicted, tried and punished. If restitution is not ordered in the criminal trial, the victii can sue civilly to recover.
Can a person be prosecuted for falsely filing suit in chancery court?
If you knowingly made false statements in your pleadings, yes, you can be criminally prosecuted. If your lawsuit is deemed to have no merit, but you did not knowingly make false statements in the pleadings, you can be held civilly liable for the costs of the actions but not criminally liable.
Is throwing apples at a house illegal?
Trespass is not limited to human beings. By causing an object to enter a property one can commit an act of trespass, whether it be earthworks, flood water, or objects thrown onto the property or allowed to travel onto the property. Therefore, throwing apples at a house is a tort, for which one can be held responsible civilly and/or criminally.
Can someone be tried civilly and criminally for same event?
Yes, it is possible for someone to be tried both civilly and criminally for the same event. Criminal cases are brought by the government and focus on punishing the defendant for breaking the law, while civil cases are brought by individuals or organizations seeking compensation for harm caused by the defendant. The outcome of one case does not necessarily impact the other.
What does civilly mean?
civilly means politely or courteously
Can you be found civilly liable under the provisions of the Liquor Licence Act?
It depends on the age of the individual for whether or not one can be found civilly liable under the provisions of the Liquor License Act. Depending on the state, one may nut be liable until twenty-one years of age.
What is the legal difference between the words Illegal and Unlawful. A previous answer says essentially the same thing. This means there is a subtle difference unless they are Exactly the same?
Illegal is a description for something that is in violation of statute, regulation or ordinance.Unlawful means not authorized by law-illegal. Something that is criminally or civilly punishable.
Being civilly liable means a server or seller of alcohol?
as a server or seller of alcohol, being civilly liable means?
Can you loan a family member a handgun across state lines?
Unless you are knowingly breaking the law by doing so. (e.g.: Is handgun ownership prohibited in their state? Are they a felon or ever been convicted of domestic violence? etc). Remember that YOU remain criminally and civilly liable for whatever occurs while YOUR handgun is in THEIR possession!
