If a person was charged with robbery, can the authorities use a conspiracy law after they were acquitted of the actual robbery?

Asked on February 4, 2013 under Criminal Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is not double jeopardy so yes it can be done as long as the second crime is not a subset of the first crime. If you were acquitted of crime 1, but the prosecution has enough to prove beyond a reasonable doubt that you were in a conspiracy, then yes, the prosecution can move forward with new charges.

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