What is the Double Jeopardy Clause in the Fifth Amendment?

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You’ve likely heard of the Double Jeopardy clause on television and in movies but there are different ways in which this clause can apply to a criminal case and how it can be used to protect someone who is facing a charge. Most of us understand the Double Jeopardy clause as follows: “No person shall, without his or her consent be tried a second time for the same offense” [Source: Office of the Governor]. This means that if someone has been charged for a crime previously and were acquitted, Georgia Statute §38-2-1044 protects them from being charged with the same crime again.

 

Georgia Statute §38-2-1044 also states the following:

 

  • “No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a trial in the sense of this Code section until the findings of guilty has become final after review of the case has been fully completed.”
  • “A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused shall be a trial in the sense of this Code section.”

 

How might someone’s rights be violated against double jeopardy?

 

When a case is taken to trial and a jury is present to listen and decide on the verdict, they must be given ample time to do so. There is a lot on the line in many of these criminal cases that are heard in Georgia courtrooms so sometimes, certain cases can drag on for days to ensure the defendant had a fair trial and that the jury was given time to deliberate and decide. But, if a jury is dismissed and a defendant is charged without them having the full opportunity to deliberate, the defendants’ rights are violated.

In order for a person to be able to understand how these statutes and others can be used to their benefit, they must be able to comprehend them. Unfortunately, statutes such as the Double Jeopardy clause and many others are rather complex and difficult for the average person to understand. But, when you have the right Macon, GA criminal defense lawyer working beside you who is well aware of the laws and how they apply to your case, you have a better chance at using them to protect you and getting your charges reduced or dropped.

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Need help beating a criminal case in Macon, GA? Contact a local criminal defense attorney today who can help you.

 

If you are currently facing a criminal charge in the city of Macon, GA, contact James W. Davis & Associates at 478-742-1440 today. Defense attorney James W. Davis recently oversaw a murder case that went to court stemming all the way back to 2015. Because of the skills and knowledge attorney James W. Davis possessed, he was able to identify that the court violated his client’s right against double jeopardy when the District Attorney decided to dismiss the jury only after three hours of deliberations, even though they didn’t have ample time to review the evidence.

So, if you want someone who is going to dedicate themselves to your case and help you beat it, contact this law firm today.


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