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

UPDATED: Jun 15, 2009

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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


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

Answered 13 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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