Q: MY SON WAS RECHARGED WITH A CASE THAT WAS DISMISSED WHAT CARE I DO ISNT THIS DOUBLE JEOPARDY

A: Hello,

My name is Dash, I'm an attorney who used to be a prosecutor for the state of Delaware. I'm sorry to hear about what's going on with your son.

Double jeopardy is a concept recognized by both the U.S. Constitution, as well as the Delaware bill of rights. Without getting too into the weeds, it basically stands for the principle that one cannot be put in jeopardy "for life and limb" twice for the same offense.

Without knowing the specifics of your son's alleged offense, several things could be happening.

First, there is a critical question of when does jeopardy attach. In other words, when has one been put in "jeopardy" once, so that being charged again constitutes double jeopardy. Many people don't realize that double jeopardy does not apply unless a person has been acquitted at trial OR the jury has been empaneled and the charges are dismissed. Additionally, a mistrial or hung jury does not cause double jeopardy to attach, in most cases. This is long established by the Supreme Court, and something many people don't realize.

If I were to guess, this is probably what happened to your son. The charges were dismissed without prejudice before trial, or the prosecutor did not initially proceed with the case, but then something changed. Unless he was previously acquitted at trial or the charges dismissed after the jury empaneled at the trial, double jeopardy did not apply.

Second, the charges may not be the same, and thus, double jeopardy does not apply. For example, if one is charged with a crime, and then later charged with conspiracy to commit the same crime, the Supreme Court has held that is not double jeopardy. If someone is charged with lesser charges, all of the elements of the lesser charge must be the same for double jeopardy to apply.

This is another possibility: your son was charged with similar, but distinct charges.

Finally, there is the concept of dual sovereigns. Basically, in the US, charges can be brought by state or local authorities for violation of state law, or by federal authorities for violation of federal law. If one is charged and acquitted by one "sovereign", that doesn't prevent the other from charging the person for a different crime from the same conduct.

An example of this was Rodney King, who was brutally beaten by rogue LA police officers in 1992, leading to the LA Riots. Although a state jury acquitted the officers, some of the officers were later convicted and jailed for violating federal civil rights laws. Under the doctrine of dual sovereigns, this did not violate double jeopardy.

If your son was charged by the state first, and then later federally, or vice versa, that does not violate double jeopardy.

There are some other exceptions to double jeopardy, but they are rare (i.e. getting acquitted after bribing the judge does not protect someone from double jeopardy--yes that happened in a gangland trial in Chicago in the 1970s).

All this to say, this is just general guidance. For specific legal advice, I suggest you hire a competent criminal defense lawyer. If your son is in Delaware, here is a directory of criminal defense lawyers: https://www.dsba.org/online-lawyer-referral-service/?aop=99

If your son can't afford a lawyer, he can also get a public defender. The Delaware public defender can be reached here:

https://ods.delaware.gov/

Good luck, and sending prayers during what is likely a difficult time.