Can a person be retried for the same offense once the judge rules on the case in small claims court?

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Can a person be retried for the same offense once the judge rules on the case in small claims court?

Asked on November 28, 2012 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, one a civil matter has gone to trial and a result has happened, legally the plaintiff cannot bring a brand new action for the same claim. The reason is that the matter has already been decided.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is not enough information in your question for a definitive answser, since it depends on the two cases. For example: suppose a tenant fails to pay his rent. The landlord could bring an eviction proceeding and also separately sue for the unpaid rent. The landlord could win the eviction case and lock the tenant out, but lose the small claims case and not get the money; in that instance, the outcome of one case does not compel the outcome of the other. You should re-post your question with more information about the cases.


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