Cleveland, OH asked in Criminal Law for Michigan

Q: Charged with larceny in a building and acquitted, then prosecutor recharged with larceny by conversion. Double jeopardy?

Nothing new, no new evidence, same exact police report. Accused of stealing 8 12 x 12 horse stall mats that were 20+ years old. In 1st trial it was clarified that they were 6 X 12 and a total of 16, then in the Larceny by conversion trial I was found guilty of stealing and converting 60 + stall mats, of which they refused to let me bring back. I have a case of prosecutorial misconduct, (the so called) victim lied over and over and is being investigated for perjury as we speak. I have never been in trouble with the law, and now am a convicted felon being forced to pay restitution for something that they refused to let me bring back (long story). Went to court on the matter in land lord tenant prior to the 1st criminal trial, and it was resolved and I agreed to pay for them as they refused to let me return them. (again-long story) I feel that this is crossover estoppel. These mats were seized-got all of the mats back and my mats, and then I was charged with larceny in a building

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Double jeopardy involves having to answer for the same conduct twice. Larceny from a building and larceny by conversion involve different elements (i.e. one does not involve having to prove anything from taken from a building) - see Blockburger Test.

You may have an estoppel issue with your landlord tenant case. An attorney would need to review the total record to determine what was considered at your criminal trial.

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