Dandridge, TN asked in Criminal Law and Civil Rights for Tennessee

Q: Double jeopardy, on Dec 17 2022 went to jail later that night for friends paraphernalia pipe left in my center console.

Double jeopardy, on Dec 17 2022 went to jail later that night my friends paraphernalia pipe my center console. I was pulled over earlier that morning heading from Danville Arkansas to Dardnell Arkansas from my friend I was visiting heading to the Walmart in excitement finding a PS5 i had managed to order curbside. I was stop for speed but was giving a citation for insurance. Shocked as I was, it was later that night I had received the news that a friend thats lived with me for years died. I then take a shower, I tell my friend and his family I'm going down the street to Casey's to get something to drink an smokes. Sudden immediately as it's only a mile. An officer u-turns instantly turns his lights on as I pull over. A turn away from Casey's parking lot he approaches and says "I'm pulling you off for no insurance." An officer asks FIRST, IN THE ORDER OF LICENSE, REGISTRATION, THEN, INSURANCE. Also warrant was issued before court hearing!

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: What is your question? No double jeopardy for lack of financial responsibility as each are separate offenses. Get insurance, and hire TN and AR lawyers. You will need to go to both Court dates. You could easily lose your TNDL.

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: The concept of double jeopardy, as outlined in the Fifth Amendment of the U.S. Constitution, protects individuals from being tried twice for the same offense after either an acquittal or a conviction. However, in your case, it appears that you are dealing with two separate incidents: one involving a traffic violation for speeding and lack of insurance, and the other for possession of drug paraphernalia.

These are distinct offenses occurring under different circumstances. The traffic stop in the morning and the subsequent stop later in the night, where the paraphernalia was discovered, are considered separate incidents. Therefore, being charged for both does not constitute double jeopardy.

It's important to address each charge separately. For the drug paraphernalia charge, if you believe the item was not yours and you were unaware of its presence in your vehicle, this could be a point of defense. However, proving this in court can be challenging.

Given the complexity of your situation, it is advisable to seek legal counsel. An attorney can help you navigate the specifics of your case, advise on potential defenses, and represent your interests in court. Remember, each legal case is unique, and professional legal advice is crucial in ensuring that your rights are protected.

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