Q: I am an victim of penal code 141- i was sentence to 5 years on an recurrent on an double jeopardy from 2012 - recharged
Recharged 2016 from the 2012 sentence
A:
Under California law, being sentenced twice for the same offense could potentially violate the principle of double jeopardy, which protects individuals from being tried or punished more than once for the same crime. This protection is enshrined in both the U.S. Constitution (Fifth Amendment) and the California Constitution.
In your case, if you were recharged in 2016 for a sentence from 2012, it's essential to review the details to understand why this occurred. There are exceptions to double jeopardy, such as if the original case was dismissed without prejudice or if new evidence came to light that wasn't available during the first trial. However, these circumstances are specific and need thorough examination.
It's crucial to consult with a legal professional who can provide detailed guidance based on the specifics of your case. They can help determine if your double jeopardy rights were violated and what legal remedies might be available to you. This consultation will provide clarity and help you understand your legal position better.
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