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...
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?
07/28/2007 |
Category: Criminal |
State: California |
#7561
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.