Can charges be refiled after an acquittal?

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Can charges be refiled after an acquittal?

I went to trial on child abuse charges a month ago and the jury hung, When I went back in in mid-July to get my retrial scheduled. The judge acquitted me on the charge. Yesterday I was served a summons to return to court next month to have charges of child abuse, from the same incident, filed against me. Isn’t this considered double jeopardy? I had a court appointed lawyer for my trial so I will have to go into court with no legal representation, and I am afraid that since I don’t know the law that well, the district attorney and the judge will just have their way with me.

Asked on July 29, 2010 under Criminal Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Double jeopardy is a common law and constitutional right given by the 5th Amendment which prevents a second prosecution after a first trial of the same offense.  Your first trial resulted in a hing jury. As for what the Judge did, it is unclear.  Are you sure that he did not just "dismiss" the charges based upon some failure on the part of the Prosecutor to do something that they rectified and then refiled charges?  As for not having an attorney, you will have another appointed as well.  And do not say anything except ask that an attorney be appointed for you on the record.  And I would call your first attorney in the meantime and ask him what happened in July and what it all means. 


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