Albertville, AL asked in Criminal Law for Alabama

Q: Always wondered if you where charged with murder and then found innocent. They can't charge you again right

Couldn't you then kill someone and not get charged because of Double Jeopardy.

And what if the person was missing and they thought you killed them and then they were found couldn't you kill them since Double Jeopardy. And if they did you could sue them for double jeopardy(heard this on a documentary but wanted to confirm with a lawyer)

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1 Lawyer Answer
Don Oliver Keene
Don Oliver Keene
  • Dothan, AL
  • Licensed in Alabama

A: No.

So, Double Jeopardy applies to the specific act. So, if you were charged with killed Person A who is actually away on vacation, then you are put on trial and convicted for murder of Person A, then person A shows up alive and well so you are released. If you then intently kill person A after you are released it is technically a new crime and so you will still be charged with murder.

Double Jeopardy works like this: If you kill Person B, and are charged with Murder, you go to trial and you win for whatever reason (lets say they could not find the body but thought they (The District Attorney) had enough evidence to convict you anyway but you had Ben Matlock as your defense attorney), then years later they found the body and you left something that basically gives anyway it was you, the District Attorney cannot come back then and charge you with Murder for Person B not but they already did and lost.

Hope this helps.

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