How “Double Jeopardy” can Protect You in Your Case

The Martinez Law Firm, led by Houston attorney Herman Martinez — a board-certified DWI defense attorney specialist and former Harris County Chief Prosecutor — has defended thousands of clients across Texas.

If you were arrested for any crime, you cannot be tried for that crime twice (with some exceptions) according to the federal laws on double jeopardy. Jeopardy protection only applies in certain types of legal proceedings, but it is always important to try and challenge any actions that could possibly violate a double jeopardy statute. Essentially, the defendant protected by double jeopardy cannot be tried again on the same or similar charges following a legitimate acquittal conviction.

This does not apply to when a person commits the same crime again. Instead, this is a protection against being tried for the exact same crime more than once. For example, if a person was caught using drugs and was charged for this crime but won an acquittal, he cannot be retried without an appeal. Double Jeopardy is protected in the Fifth Amendment of the United States where it says that no person shall be subject for the same offense twice to be put in jeopardy of life and limb. There are four distinct provisions which can be identified in the double jeopardy clause. These are:

• Subsequent prosecution after acquittal is illegal
• Subsequent prosecution after conviction is not permissible
• Subsequent prosecution after mistrial is unconstitutional
• Multiple punishment for the same indictment is unconstitutional

If you have been arrested and/or tried for a crime, and you are told that you are going to be re-arrested, it is important that you hire a Houston criminal defense attorney to help you and argue Double Jeopardy in your case today. Don’t hesitate to hire a successful criminal defense lawyer, like Herman Martinez, from The Martinez Law Firm to represent you and make sure that you get the treatment that you deserve in your case. Learn more by talking with an experienced attorney at our firm today!

About the author

Herman Martinez

December 10, 2013

Last Update December 10, 2013

Attorney Herman Martinez is a former Chief Prosecutor and judge in Harris County with over 25 years of experiencing helping people clear their names in criminal cases.