How Double Jeopardy Works

March 4, 2012

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

texasdefensefirm.com

Double jeopardy comes from the 5th Amendment to the U.S. Constitution which holds in part, “…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…”

Double jeopardy can be an extremely complex topic.  The easiest way to think about it is once you are acquitted of a charge, you can’t be prosecuted for the same charge again. The prosecutors who represent the government are like anyone else before the Judge.  They get their day in court — but they don’t get it again and again and again until they win.

What makes the issue so confusing at times are the different concepts behind what constitutes an acquittal for example.  The prosecution may dismiss a case but if they do so before jeopardy is said to “attach” in a particular case (typically when a jury is sworn — or in a trial before a judge — when the trial begins), the prosecution can simply refile the case if they are within their limitations period.

Also many factual circumstances could lend themselves to prosecutions of different offenses.  Crimes have statutory elements which must be proven by the prosecution.  The elements for one crime might be completely different from another crime which arose from the same situation.  Merely because someone was prosecuted and acquitted of one charge doesn’t mean the other charge can’t then be pursued by the state.  Whether subsequent prosecution is precluded by double jeopardy might depend on the over-lapping nature of the elements of given charges.

The vast majority of times double jeopardy issues are simple.  If someone is found not guilty for driving while intoxicated, marijuana possession or assault then virtually always the case is closed.  On occasion double jeopardy issues can arise, though.  When they do it’s best to speak with a lawyer about what the State may or may no do to pursue a particular case.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice on any issue you should contact an attorney directly.  Contacting the attorney through this blog does not create an attorney-client relationship.  Communications sent through this blog are not considered privileged or confidential.

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Your First Notice to Appear in a Collin County Criminal Case

July 20, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 562-7549

So you’ve been arrested and released — and now you get a letter in the mail telling you that you have a court appearance for your criminal case in Collin County, Texas.  Now what?

How a Notice to Appear Works — Court Dockets

Let me explain as best as I can… in Collin County (and most everywhere else in Texas), Courts that handle Class B Misdemeanors and above typically have what are called dockets or docket calls.  Docket is the way the Courts manage the one, two, or ten thousand cases or that have been filed in their court.

The Court requests everyone appear on a certain date and this appearance serves two main functions; (1) to make sure that you are honoring your bond terms and conditions; and (2) to make sure your case is moving towards resolution (whether that be a trial, a guilty plea, or a dismissal).

What are You Responsible For?

Showing up.  Though every court is different, most courts won’t require you to enter a plea on a first setting or do anything that would require you visiting directly with the Judge. If you do meet with the Judge, it’s likely to be administrative in nature and not ultimately regarding the underlying facts of your case.

Do I need a Lawyer?

Absolutely.  If you have been charged with a Class B Misdemeanor or higher — that means your potential punishment is up to 180 days in jail if not more. Just think about how being sentenced to 180 days in the county jail would re-arrange your life!  Even though that may seem like an extreme example — the fact is you wouldn’t toy with an illness that could possibly take you completely out-of-commission for 6 months without a doctor — so how is this any different?  Plus, I’ve written blog after blog about the dangers of the collateral consequences of criminal charges you may not even think of, the dangers of dealing directly with prosecutors, and other great reasons to get lawyers involved in these cases.

What if You can’t Make it on Your Scheduled Appearance Day?

Some Courts in Dallas and Collin Counties have flexible policies with initial appearances — but never assume a Court will excuse an absence. If you’re not in Court for your appearance a warrant can be issued for your arrest.  Ask your lawyer and they can often coordinate your schedule with the Court’s docket.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice, you should consult an attorney directly about any specific set of circumstances.

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