Can I be charged with the same offense and punished again for this offense if it occurred in 2 different counties?
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Can I be charged with the same offense and punished again for this offense if it occurred in 2 different counties?
About 2 years ago, I resisted arrest/detention in a motor vehicle. It started in one county and ended in the next county over. Both counties charged me with the offense. I went back and forth between counties (both have the same judge and DA). A court date was set out of the bigger county and the one in which I was caught. I was found guilty of “Evading Arrest/ Detention in a Motor Vehicle”. I served 60 days shock probation and am currently on probation for the charge. Now I have received a letter saying that a hearing date has been set for the second county for this month. Can I be Charged with the same offense again, and punished again for this offense?
Asked on December 2, 2013 under Criminal Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Double jeopardy (being tried twice for the same offense) is prohibited by the Constitution; however, an exception is being tried by separate sovereignties (different governmental entities) such as state and federal can both charge a person with what appears to be the same offense. In your case, where there are charges by separate counties, the counties could argue that they have separate governments, laws, etc. and therefore double jeopardy is not applicable. Also, if the counties, due to their laws have different definitions (elements) for the crime with which you are charged, the differences between the county laws will be construed as separate charges where there is no double jeopardy.
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