Q: Double jeopardy question - simple assault and disorderly conduct, Arizona
Hello was charged with disorderly conduct and (later) assault arising out of a traffic collision in Arizona. At first, I was charged with the disorderly then about a week later, the simple assault charge was added to the same case against me. As both or these charges arose out of the same conflict I would think it falls under double jeopardy clause 5th/6th amendment? The assault supposedly happened first so how could I have been disorderly after the fact? Isn't one the lesser/same/part as the other?
Thanks in advance for any help, much appreciated!
A: Jeopardy does not "attach" until a case has been adjudicated. In plain English: until you plead guilty or are found guilty or not guilty in a court of law, you may be subject to additional prosecution. These are also different charges, so, unless the statute of limitations has run (the prosecutor waited too long to file and the law does not allow the filing of charges because of the passage of time since the offense), there is no reason the prosecutor cannot add charges. It is not uncommon for additional charges to be added once the prosecutor has an opportunity to review the evidence presented by law enforcement.
No double jeopardy problem in your case.
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