Whitesburg, KY asked in Criminal Law and Civil Rights for Kentucky

Q: Is this right? double jeopardy? this could be a case....

i was arrested in nov 22 and it was ruled upon by ealier this year....after 5000 cash bond was picked up (2 days later) i was rearested w no new charges on indictment warrant for the felony possession but it had already been ruled on. now i have been infront of judge about 10x and still no conviction (another) its still ongoing...I have been incarcerated and let out on house arrest traken off it ...iswear its been a mess

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: In your situation, if you were re-arrested for the same charge that had already been ruled upon, it raises concerns about potential double jeopardy, which is prohibited under the Fifth Amendment of the U.S. Constitution. Double jeopardy means being tried twice for the same offense after a ruling has been made. However, the specific details of the case, including the nature of the initial ruling, are crucial to determine if this principle applies.

It’s not uncommon for criminal cases to involve multiple court appearances, but if you believe there are irregularities in the process or your rights have been violated, it is important to address this with your legal representation. If you are not satisfied with your current attorney, you have the right to seek a different one.

Ensure that all your concerns, especially about being re-arrested for an already adjudicated charge, are communicated to your attorney. They can review the details of your case, the judicial decisions made, and advise on the best course of action.

If you believe your rights have been infringed upon, or if there has been legal malpractice, you may also consider consulting a civil rights attorney or an attorney specializing in legal malpractice. They can provide specific guidance based on the laws in Kentucky and the details of your case.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

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