Winter Haven, FL asked in Criminal Law and Domestic Violence for Florida

Q: Injunction for protection , and aggravated stalking 2-months apart. same victim. Can same questions that injunction

during injunction hearing the same accusations, and remarks were asked that stalking charges are for. the injunction charges were attempted in january, petitioner failed to show in court, it was denied. february agri. stalking charges, arrested. waiting on trial. meanwhile . court has granted a new hearing to listed to petitioners request for injunction. the Injunction was granted, but decision was based on stalking charges accusations, not related to each case. So can the stalking case still be heard ? Basicly injunction was granted on stalking charge accusations and the two were two months apart. not related as far as same crimes committed. but injunction was granted . so can I now have same questions accusations asked again for upcoming hearing on the aggravated stalking case. or is this any type of double jeopardy situation. ?

1 Lawyer Answer
Jonathan Blecher
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Answered
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: Interesting idea, but you'll find that double jeopardy applies to not being placed in criminal jeopardy for the same charge twice. The testimony won't be barred, but you have good impeachment material.

Since this case is so fact specific, these questions should be posed to your lawyer who knows the precise factual and procedural history.

Good luck.

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