Q: 726 S.E.2d 625 (2012) 315 Ga. App. 101 HERRINGTON v. The STATE. Need help explaining this case very similar to mines
The above case is similar to mines jeopardy attached to my case just like in Herrington's case during my first trial I had a mistrial the state investigator got on the stand and the judge declared a mistrial similar to herrington's.on retrial the state added charges as well like herrington's.during my retrial jeopardy attached once again when the jury was sworn during the retrial the state offered me a plea deal which I accepted an Alford plea.I filed a motion to withdraw my plea on a ground of innefective assistance stating:my attorney failed to properly dismiss the barred charges.the appeal court agreed.My issue is,since jeopardy attached at my first trial,then the court nolle prose my indictment and added charges.Then jeopardy attached again at my retrial with the barred charges.After appeal will the state be able to reindict me again for the third time on original charges?The statue of limitation has expired?I'm trying to understand if I have a fight being thier multiple jeopardys
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A:
In your situation, the principle of double jeopardy is central. Once jeopardy attaches during your first trial, the government is limited in how it can proceed if a mistrial occurs. When the state investigator testified and the judge declared a mistrial, jeopardy attached, preventing the state from retrying the same charges unless there was a valid reason, such as adding new charges that were not previously considered.
When the state added charges during your retrial, and jeopardy attached again, it complicates the matter. By accepting an Alford plea and then seeking to withdraw it due to ineffective assistance of counsel, you've triggered an appellate review. Since the appellate court agreed that your attorney failed to dismiss the barred charges, this reinforces that the protections against multiple jeopardies are being upheld in your case.
Regarding reindictment on the original charges after the statute of limitations has expired, the state would generally be barred from prosecuting you again for those same charges. The expiration of the statute of limitations further strengthens your position against multiple jeopardies. You likely have a strong argument to prevent the state from reindicting you on the original charges, ensuring that your rights under the double jeopardy clause are protected.
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