Double Jeopardy Law in California
The Constitution of the United States prevents the government from subjecting a defendant to "double jeopardy'—meaning trying someone more than once for the same crime.
In California law, this safeguard is formalized in Penal Code 687 PC, which states: "No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted."
The double jeopardy clause ensures that once you're acquitted of a crime, you cannot be prosecuted again for the same offense, face multiple convictions, or be punished multiple times for the same crime.
Since this right is protected by the Constitution and the law, asserting double jeopardy can serve as a strong defense if you're charged with an offense that infringes upon this protection. Our California criminal defense lawyers will review this topic further below.
Bans Repeated Attempts to Convict Someone
Criminal law includes a principle that bans repeatedly trying to convict someone for the same alleged crime.
State prosecutors possess extensive resources and legal power to pursue charges, but multiple attempts to convict might be viewed as harassment and raise the risk of an innocent person being convicted.
Knowing when double jeopardy applies and when it doesn't helps you feel more in control and informed about your legal protections, especially since exceptions like Vehicle Code 23152 VC DUI charges exist.
What Does Double Jeopardy Mean?
The phrase "double jeopardy" consists of two key parts. First, it only relates when a person has already faced prosecution for a crime.
Simply being charged isn't enough; one must have undergone part of the criminal justice process, such as a trial.
After being acquitted or convicted, you cannot be prosecuted again for the same offense. The second aspect of the double jeopardy principle specifically pertains to the "same offense."
In other words, being acquitted of one crime does not prevent you from being charged with a different, related crime.
For example, if you are found not guilty of burglary, you could still face charges for grand theft, which involves stealing property worth more than $950.
When Can You Use This Legal Defense?
Under California law, the double jeopardy defense may apply in various situations. Some common examples include being acquitted of a crime. Once your trial ends and you are found not guilty, the prosecution is barred from appealing the verdict or retrying you.
Once you are convicted or have pled guilty to a crime, prosecutors cannot file a new charge for the same offense.
If you accepted a plea bargain and agreed to plead guilty to a lesser crime, the prosecution cannot charge you again for the original, more serious charge.
When you are on trial for the same crime, California specifically considers jeopardy to 'attach' once the trial officially begins—namely, after the jury has been selected and a witness has been called.
After this point, you cannot be charged again for the same offense.
When a mistrial is declared or the jury is discharged without your consent, the defendant should generally approve such actions unless there's a legal reason not to.
If these occur without your permission, your attorney can argue that jeopardy has attached to the new trial. When a case is dismissed due to insufficient evidence against you, prosecutors are typically barred from refiling the same charge.
Similarly, if the court dismisses a misdemeanor for failure to bring the case to trial on time, or dismisses two felony cases for the same reason, prosecutors are not allowed to continue filing new charges for these offenses.
When Does Double Jeopardy Not Apply?
There are instances where double jeopardy may not serve as a valid defense. These circumstances include:
- Multiple convictions or acquittals at the same trial: If you're charged with multiple offenses for the same incident in a single trial, you cannot claim double jeopardy since each charge is treated as a separate crime. Each charge can lead to a conviction or acquittal independently.
- Federal versus state charges: If your claimed actions breach federal and state laws, both authorities can independently file charges against you for the same offense.
- Civil versus criminal: Being convicted of a crime does not bar victims from filing a civil lawsuit to seek damages.
- New trial or reversal on appeal: If you appeal a conviction and it is overturned, prosecutors might have the option to pursue a new trial in certain cases. However, they cannot charge you with a more serious offense than the one in the original trial. Likewise, if you request a new trial after being convicted and that request is approved, you waive your right against double jeopardy.
- DMV license suspension for DUI cases: If you are arrested for DUI, you have the right to an Administrative Per Se hearing to decide whether your driver's license will be suspended. jeopardy does not apply to these proceedings.
The Issue of Civil Proceedings
On the issue of civil proceedings, which are a reasonably common occurrence after criminal proceedings. Suppose someone was driving while under the influence and struck and killed another person crossing the street.
The perpetrator is prosecuted and convicted of California Penal Code 191.5(a) PC gross vehicular manslaughter while intoxicated. The victim's family files a wrongful death lawsuit against the perpetrator in civil court and wins $1 million in damages.
In this case, the perpetrator cannot claim double jeopardy because the civil case does not trigger jeopardy applicable to a criminal case. If you or a family member faces a criminal charge that may involve double jeopardy, reach out to the Hedding Law Firm to discuss the details and your legal options.
