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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23578
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Went to district court(pro-se)on 2 counts criminal,carries

Customer Question

went to district court(pro-se)on 2 counts criminal,carries fine only,found guilty and fined.i appealed on grounds the court wouldn't give me a jury trial,won the right to a jury trial! the morning of trial,the D.A. asked the judge to to dismiss the case(throw out)because the Commonwealth put offense as taking place from Jan.1,14-June 1,14 instead of Jan.1,14 right through to June 1,14, and the DA wanted to be able to go back to his office and refile new complaint with new dates.i objected. the judge allowed his motion,anew date set.the morning of the new trial,i asked the court to dismiss the complaint on Doubly Jeopardy,i told the judge i was already tried convicted and fined and no matter what the comp. said i was tried & fined for day by day.he denied my motion.had trial & lost. Q: isn't this DOUBLE JEOPARDY?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

If I'm reading this right, then your first conviction was reversed, and not only that it was reversed on your appeal where you were granted the new trial that you were asked for. Additionally, the dates were amended so that the case you were ultimately tried for was not the case you were first convicted of before the reversal.

I'd love to tell you what you want to hear, but I don't see how double jeopardy applies. This case, where an earlier conviction was vacated on the defendant's motion and the defendant was not able to invoke double jeopardy to prevent a later prosecution, seems on point here.

Customer: replied 1 year ago.
im saying the first trial,no matter what dates on comp, the court said i was being tried for all dates from jan 1-through june 1 the DA talked about every day so did the states witnesses and i was finded $300 per day times about 150 days $50,000+ they know im on SSI,the money means nothing to me!! Jan.1,14-June 1,14 to me means with a (-) means through ----- Jan,1,14 & June 1,14 means two days only do you get what im saying
Expert:  Zoey_ JD replied 1 year ago.

I get what you're saying just fine. Did you get what the court said in the case I linked you to? You got that conviction reversed on your own initiative. You cannot then turn around and use that to Claim double jeopardy later on.