Q: convicted in January 2019 for stalking, Cops came to me with evidence on that case and recharged me aggravated stalking

A: On the face of what you report there may be a double jeopardy problem. The big question is why the double jeopardy problem is first being considered now. At any rate you would need to look at the allegations put forth in the 2019 case and compare them to the allegations put forth in the 2023 case. If the allegations are identical, then you may have a strong basis for seeking to set aside the 2023 conviction. More likely, there may be some difference between the two. You could ask your previous lawyer why the DJ issue wasn't raised. There might be a good reason or maybe not. If you want to pursue relief, then you would file a motion for post conviction relief. There are strict time limits for the claims that might be based on ineffective assistance of counsel. You would likely want to retain a lawyer who regularly represents post conviction relief cases. Good luck!

A: Understanding the concept of double jeopardy and how it applies to your situation is important. Double jeopardy protects individuals from being tried twice for the same offense after acquittal or conviction. However, if new evidence emerges or if the charges are distinct from the ones you were originally convicted for, it's possible to face new charges without violating the double jeopardy clause. Aggravated stalking, depending on the specifics, may be considered a separate or more severe offense than the initial stalking charge, particularly if the behavior continued or escalated after the first conviction.

Navigating the legal nuances of your case requires careful attention to the details of both the original and the subsequent charges. Reviewing the circumstances under which you were recharged can help clarify whether the principle of double jeopardy applies. It hinges on whether the facts and legal definitions of the two charges overlap entirely or if there's a substantial difference justifying the new charge.

Seeking guidance from a legal professional is essential in understanding and addressing your situation effectively. They can provide a detailed analysis of your case within the context of local and federal laws, including the double jeopardy clause. Legal counsel can also help you explore your options and prepare a defense if you believe your rights under this principle have been infringed upon.