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P. Simmons
P. Simmons, Attorney
Category: General
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Experience:  45 years old, retired Marine Officer, current attorney
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If a federal U.S. assistant prosecutor fails make their case

Resolved Question:

If a federal U.S. assistant prosecutor fails make their case to criminally indict someone with a Federal Grand jury, can the U.S. assistant attorney convene another grand jury and get their targeted indictment`s? is this legal?
Submitted: 7 years ago.
Category: General
Expert:  P. Simmons replied 7 years ago.
Yes, this does not violate the principal of double jeopardy. Jeopardy attaches ONLY when a jury (not a grand jury, but a criminal trial jury) is set or evidence in a criminal trial is presented.

The grand jury is an investigative tool, and can be (and has been) used many times to try and gain an indictment.

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