If a jury is sworn in but before the opening statements of the prosecution the jury is dismisssed for a continuance, is it grounds for defendant to file for double jeopardy?

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If a jury is sworn in but before the opening statements of the prosecution the jury is dismisssed for a continuance, is it grounds for defendant to file for double jeopardy?

This is a federal trial.

Asked on April 23, 2019 under Criminal Law, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Double jeopardy is being charged twice with the same crime. A continuance during or at the outset of a trial is not double jeopardy.  A continuance is routinely granted by the court for numerous reasons. This is still the same case on the same charges. The continuance merely delays the proceedings.


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