Is this called Double Jeapardy .If it is do we have a good case to go to trial with Documentation and get off

My son 15 years old was in Juvenile State School and while in there had to go to Juvenile hearing for offense assault.The hearing added more length time to his sentence.When he turn 16 years old the came and booked him from Juvenile School for the same offense except they change it to agg assault.He was sentence to 10 years Petition said in Adullt Court in the petition there was no adjuration in the case before

Asked on June 15, 2009 under Criminal Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that it is very much worth your while to follow up on this with a criminal lawyer in your area.  It may well be that your son can assert the double jeopardy defense, but it's a technical question, depending on all of the facts, and definitely not a do-it-yourself issue.

There are actually a number of exceptions to the double jeopardy rule.  There's no protection, for example, against a second prosecution for a different offense, based on the same facts as the first prosecution.  Suppose, for example, that a person was prosecuted for burglary, but found not guilty because there was a reasonable doubt as to whether the person actually participated in the crime.  But, since the person was caught with something expensive that was taken in the burglary, a second prosecution could come after the first not-guilty, for receiving stolen property.


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