Q: Have The rights of a defendant in a misdemeanor case been violated under the double Jeopardy statutes for being arrested
Then released within 72 hours eight months later given a certificate of detention there after there was a filing for the same charges is that double Jeopardy
A:
more info is needed.
however, double jeopardy refers to a trial with a judgement and you can't be prosecuted for that same crime again.
A: A certificate of detention is a formal reclassification of an arrest to a detention (a temporary hold) when the district attorney does not file charges initially. However, charges may be subsequently filed (up to a year after the incident in the case of a misdemeanor, or up to at least three years after in the case of a felony) if evidence to support them is later found. Double jeopardy - the prosecution of someone twice for the same offense - does not apply because the first time around you were never prosecuted. However, your right to a speedy trial may have been violated, and thereby prejudiced your defense, or the statute of limitations may have expired. Discuss the matter in detail with a criminal law defense lawyer to be sure. Good luck!
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