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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.