What is Double Jeopardy Under California Law?
The United States Constitution bans the government from subjecting a defendant to "double jeopardy'—meaning trying someone more than once for the same crime.
In California law, this protection is established in Penal Code 687 PC, which states: "No person can be subjected to a second prosecution for a public offense for which he has previously been prosecuted and either convicted or acquitted."
In other words, the double jeopardy clause ensures that there will be no prosecution after an acquittal for the same crime, no double convictions for the same offense, and no multiple punishments for the same act.
The Constitution and California law provide strong protections, which can give you confidence when facing charges that infringe on your rights.
Prohibits Repeated Attempts to Convict
Double jeopardy is a principle in criminal law that bars trying a defendant multiple times for the same alleged crime. State prosecutors possess extensive resources and legal authority to bring charges against individuals.
Repeated efforts to convict someone might be seen as harassment and raise the risk of wrongful guilt.
Like most laws, case law has developed and clarified this principle over time, helping us better understand when double jeopardy applies and when it doesn't.
However, double jeopardy does not apply in all cases. For example, it does not prevent the prosecution for Vehicle Code 23152 VC DUI charges after the California Department of Motor Vehicles (DMV) has already penalized you by suspending your driver's license.
What Is Double Jeopardy Exactly?
The concept of "double jeopardy" involves two key elements. First, it applies only if a person has already been "prosecuted" for a crime, meaning that formal legal action has been taken.
Simply being charged with a crime is not enough to invoke this protection, which helps keep the focus on the necessary legal threshold.
You probably have already been involved in some aspect of the criminal justice system, like a trial. Once you are acquitted or convicted, you cannot face prosecution for the same offense again. The second part of the double jeopardy principle specifically refers to the "same offense."
In other words, even if you are prosecuted and found not guilty of one crime, you can still be charged with a different crime, especially if it is related to the first.
For instance, if you are acquitted of burglary, you might still face charges for grand theft, which involves stealing property worth more than $950.
When Can You Use This Legal Defense?
Under California law, the double jeopardy defense can be used in various situations. Some common examples are outlined below.
Once you are acquitted of the crime, if your trial is finished and the verdict is in your favor, the prosecution cannot appeal the decision or request a new trial. Period.
Once you are convicted or plead guilty to a crime, prosecutors cannot bring a new charge for the same offense. When you accept a plea bargain by pleading guilty to a lesser offense, the prosecution is barred from recharging you with the more serious crime.
In California, jeopardy attaches when a trial officially begins, which occurs once the jury is selected and a witness has been called.
This procedural milestone is crucial because, once reached, you cannot be charged again for the same offense, reinforcing the importance of understanding trial stages.
When a mistrial is declared or the jury is discharged without your consent, the defendant generally should approve such actions unless there's a legal reason not to. If these occur without your approval, your attorney can argue that jeopardy attaches to the new trial.
When a case is dismissed on the merits or for failing to bring the case to trial on time, prosecutors can't refile charges. This includes dismissals due to insufficient evidence or delays in bringing misdemeanors or felonies to trial.
When is the Double Jeopardy Principle Not Applicable?
There are cases in which double jeopardy cannot be used as a valid defense.
These include situations such as multiple convictions or acquittals involving separate charges for the same incident, or when federal and state charges are filed independently, clarifying their limitations.
- Multiple convictions or acquittals during the same trial do not violate double jeopardy if they involve separate charges for the same incident. Each charge is judged on its own merits, leading to a conviction or acquittal independently.
- Federal versus state charges. While this is rare, if your actions have violated both federal and state laws, both authorities can independently file charges against you for the same offense.
- Civil and criminal offenses are separate. Even if you're convicted of a crime, victims can still file a civil case against you to pursue damages.
- If you appeal a conviction and it is overturned, prosecutors might have the opportunity to pursue a new trial in some cases. However, they cannot charge you with a more serious offense than in the original trial. Likewise, if you request a new trial after conviction and it is granted, you waive your double jeopardy protections.
- In DUI cases, DMV license suspension can occur. If you are arrested for DUI, you have the right to an Administrative Per Se hearing to decide if your driver's license should be suspended. These proceedings do not involve jeopardy.
Civil vs Criminal Proceedings
Regarding civil proceedings, which often follow criminal cases, consider a scenario where someone is driving under the influence, causes an accident, and kills a pedestrian.
The driver is prosecuted and convicted under California Penal Code 191.5(a) PC for gross vehicular manslaughter while intoxicated.
The victim's family sues the perpetrator in a civil court for damages related to wrongful death and is awarded $1 million in damages. In this example, the perpetrator cannot use a double jeopardy defense because the civil case did not expose the defendant to jeopardy in a criminal trial.
If you or a family member faces charges where double jeopardy might apply, consulting a California criminal defense lawyer can help you feel supported and informed about your options. You can contact Cron, Israels & Stark for a case review.
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