What Does a Prosecutor Need to Prove if I Was Previously Convicted on the Same Charge?
Full Question:
Answer:
If this is a criminal matter, the prosecutor must prove the case beyond a reasonable doubt if you plead not guilty. A new criminal charge still must be proven if it is charged as a separate charge and not a continuing violation of a previous charge. In some cases, violations of an ordinance are civil rather than criminal matters. It is possible at a criminal trial, the prior conviction may be introduced. Prior bad acts are sometimes allowed as evidence in a criminal case as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
The same defendant may be tried, in some cases, by more than one government without violating double jeopardy. Each state government is considered to be a separate government. The federal government is a government separate from state governments. The United States Supreme Court has held that two separate states may convict a person for the same offense without violating double jeopardy. The United States Supreme Court has held that the federal government and a state government may convict a person for the same offense without violating double jeopardy.
