Ask a Lawyer and Get Answers to Your Legal Questions
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern
Good afternoon. I certainly understand the situation and your concern. Yes, the State can always refile.
The government must place a defendant “in jeopardy” for the Fifth Amendment clause to apply. The simple filing of criminal charges doesn’t cause jeopardy to “attach”—the proceedings must get to a further stage.
Generally, jeopardy attaches when the court swears in the jury. In a trial before a judge, jeopardy attaches after the first witness takes the oath and begins to testify.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!