If a person is arrested for a crime on a warrant, goes to trial, and ends up getting convicted of a lesser ...

07/28/2007 - Criminal - State: CA #7561

Full Question:

If a person is arrested for a crime on a warrant, goes to trial, and ends up getting convicted of a lesser crime, can they be arrested and tried for the original crime charged in the first trial? Would double jeopardy apply to a case like this?

Answer:

It varies by case, but generally conviction on a lesser included offense bars retrial on the greater offense. When a jury acquits a person of one offense but finds the person guilty of a lesser-included offense, and the verdict is overturned or a new trial granted for a reason other than insufficiency of the evidence, double-jeopardy principles do not bar a second prosecution for the lesser-included offense.

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07/28/2007 - Category: Criminal - State: CA #7561

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