Q: If I was falsely accused of a crime & the charges were dismissed& years later be changed with & convicted of related.
Is that double jeopardy seeing the the conviction was because it was said that the charge that I was convicted on came from the charges that was dismissed?
A: No. That is not double jeopardy. Jeopardy does not attach until trial. A dismissal doesn’t meet that requirement.
A: This is unlikely to trigger double jeopardy. Generally jeopardy is not triggered until trial. If the case was dismissed pre-trial, the state is likely able to bring charges again.
A: The description is not completely clear. But, it does not seem to describe a situation where the Constitutional prohibition on double jeopardy would apply. But on facts like that, we'd want to look at the applicable Statute of Limitations, and other defenses related to delay. However, if a conviction has already taken place, that would severely reduce defense opportunities. Since time will corrode and destroy rights, contact a criminal defense attorney as soon as possible.
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