CA Penal Code 687 PC - Double Jeopardy Law
The United States Constitution forbids the government from subjecting a defendant to "double jeopardy," meaning that a defendant cannot be tried more than once for the same crime.
In California, 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."
In essence, the double jeopardy clause prevents subsequent prosecution for the same offense after an acquittal, prohibits multiple convictions for the same crime, and forbids multiple punishments for the same act.
As a constitutional and state-guaranteed right, asserting double jeopardy can serve as a strong defense if you face charges that infringe upon this protection.
The concept in criminal law that bans repeatedly trying to convict someone for the same alleged sex crime is known as 'double jeopardy.' State prosecutors possess extensive resources and legal power to pursue charges. Repeated attempts to convict may be seen as harassment and raise the risk of wrongful conviction.
What Exactly Is Double Jeopardy?
The term "double jeopardy" consists of two key elements. First, it only applies if a person has already been "prosecuted" for a crime.
Simply being charged is not sufficient; one must have participated in part of the criminal justice process, such as a trial. After being acquitted or convicted, a person cannot be tried again for the same offense.
The second part of the double jeopardy principle only pertains to the "same offense." This means that if you are tried and found not guilty of one crime, you can still be charged with a different crime, even if it is connected to the original.
When Can You Invoke This Legal Defense?
Under California law, the double jeopardy defense may apply in various scenarios. Some common examples include situations where you are acquitted of a crime.
Once your trial is finished and you are found not guilty, the prosecution cannot appeal the verdict or initiate a new trial against you.
Once you are convicted of a crime or have pled guilty, prosecutors cannot refile charges for the same offense. If you pleaded guilty as part of a plea bargain, agreeing to a lesser charge, the prosecution cannot charge you again for the more serious crime.
When you are already on trial for the same crime, California law states that jeopardy "attaches" when the trial officially begins—specifically, after the jury selection and the calling of a witness. Once the trial has started, 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 is a legal reason not to. If these occur without your permission, your attorney can argue that jeopardy attaches to the new trial.
When a case is dismissed on its merits, such as when there is insufficient evidence for a trial, prosecutors cannot refile the charge.
Similarly, if a misdemeanor is dismissed due to delays in bringing the case to trial, or if a felony is dismissed after two delays, prosecutors are barred from repeatedly reintroducing new charges for the same offenses.
When Double Jeopardy Does Not Apply
There are cases where double jeopardy cannot be used as a valid defense, including, but not limited to:
- Multiple convictions or acquittals can occur within the same trial. If you are charged multiple times for the same incident in a single trial, it does not violate double jeopardy, since each charge is treated as a separate offense. Each charge can lead to a conviction or acquittal independently.
- Being convicted of a crime does not stop victims from filing a civil suit to pursue damages.
- If you appeal a conviction, and it's overturned, prosecutors might have the option to pursue a new trial in some cases. However, they cannot charge you with a more serious offense than the original. Likewise, if you request a new trial after being convicted and it's granted, you waive your double jeopardy protection.
If you or a family member faces charges in which double jeopardy may be relevant, contact our California sex crime lawyers to review the case details and legal options. The Hedding Law Firm is located in Los Angeles, California. Reach out for an initial consultation by phone or through our contact form.
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