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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
