Criminal Law
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4/1/2015
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 140,685
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
VerifiedThank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What part of the trial process are you in? Has trial been held and judgment rendered or is a new proceeding starting up? Give us a bit more information about what is going on please.
What part of the trial process are you in? Has trial been held and judgment rendered or is a new proceeding starting up? Give us a bit more information about what is going on please.
Thank you for your reply.
In that instance, if double jeopardy has attached, then your response is filing a written motion to dismiss prior to the arraignment date explaining how the jeopardy attached and asking the court to dismiss this new case prior to the arraignment. You need to cite your case law supporting your facts in your motion to show that jeopardy has already attached to the case and that the new case is identical to the old case previously brought.
In that instance, if double jeopardy has attached, then your response is filing a written motion to dismiss prior to the arraignment date explaining how the jeopardy attached and asking the court to dismiss this new case prior to the arraignment. You need to cite your case law supporting your facts in your motion to show that jeopardy has already attached to the case and that the new case is identical to the old case previously brought.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 140,685
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
VerifiedLaw Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).
