Can a person be arrested for the same crime twice?

spongeworthy_us

They could be arrested as many times as necessary for the same crime, they just cannot be tried in court or punished for the same crime more than once.

harleybuddieandy

= it depends on how many times they do it. I think that each puff of Marijuana should be a separate crime. so maybe 30 times per joint?

porcelain65711

arrested yes but once they been charged no ...that's double jeopardy

hawndawg

yes but he cannot be tried or convicted twice. they may release him and then later get more evidence and arrest him again.

MagikButterfly

yes, it is just when you go to trail and found not guilty or aquitted, then no they can not try you and the same offense.

roger k

it depends on how many times you have done the crim. arrested yes prosecuted no

Chredon

A person can certainly be arrested for the same crime twice. But he can only be TRIED once. After the first trial, if he is found innocent, double jeopardy kicks in and he cannot be tried again.

fr_chuck

That is a hard issue,

A person can be arrested and then have the charges dropped by the DA and then re-arrested latter.

But once he is tried and found innocent or guilty they can only be tried once.

Gettin_by

Yes

elaine_classen

A person can be arrested many times for the same crime.

But if a person is tried and found not guilty, he cannot be tried again for that crime even if new evidence points clearly to his guilt.

This is why in some cases, policemen who were tried for murder of civil rights activists and found not guilty, were later punished for violating the civil rights of the people they murdered.

Maverick

yes,if they are repeat offenders :)

Depends on if they charge you the exact same charge or not. They might charge you with armed robbery, and then turn around and charge you as an accessory, or assault...

xz_avier

For the same instance, no. Once arrested you are held and while evidence is gathered and you go through trial until you are found innocent or guilty and released or imprisoned. You can be asked for questioning in regards to a crime more than once or if you don't comply you could be detained for questioning a number of times. As far as arrested goes only once per account of whatever you allegedly did. Does this help? I can offer more help if you tell me details of the crime/situation.

azaziel102

Yes, and tried twice if the crimes occurs in different jurisdictions.
If the crime violated both state and federal laws, both the state and the feds can arrest you and try you for the same act, once in state court and once in federal court.
If convicted in both courts, once your sentence from state court ends, then you get to serve your federal sentence.

dual_reality

Yes...If a person commits a crime and is tried and found innocent in a state court on state crimes....the person can be tried on the same crime if the crime is commited on federal property or against federal interests.
This bypasses the double jeopardy clause.

jayaraman

Yes. On the orders of two courts separately arrest can be made twice for the same crime. But the punishments will run concurrently and end with the maximum punishment ordered.

dogpatch USA

there are sometimes loop holes to the double jeopardy rules such as slightly varied charges for technical reasons

James P

Sure. People are often arrested for the same crime several times. Double jeopardy applies to being tried for the same crime twice, not merely being arrested.

Here is a real life exampled:

A subject was arrested for possessing drugs and a loaded firearm and went to jail. The subject posted bail the next morning. Later that day the subject's criminal background came to light and a motion was brought before the court to revoke his bail and bring him back into custody with a much larger bail. The judge agreed and we went out and arrested him for the same crime and put him back in jail.

Len_NJ

Yes ! A person can be arrested for a crime, say robbery, be released due to some mix-up or lack of facts, and then RE-ARRESTED when the real facts come to light.

A person cannot be TRIED for the same crime more than once. This is the touted "DOUBLE-JEOPARDY" rule where if a person is tried in court and found NOT GUILTY (no one is found innocent), then that person cannot be tried again for that same crime.

The above does not hold true for MISTRIALS or HUNG JURIES, where NO VERDICT is reached. In that case, it is as if no trial had occurred in the first place. This is why John Gotti Jr. could be brought back to trial 3 times.

*****

Yes, for the same TYPE of crime, but NOT for the SAME crime. Double jeopardy.

Do you mean "be charged with" the same crime? A person can be arrested 100 times for the same crime! Arrested only means being taken into police custody for purposes of further investigation.

john doe

yes,an yes,unless the court says your done,you cant be tried for murder twice,aka oj

Mary G

Yes,they can be arrested for the same crime. They can go to Trial once though. Once found Not Guilty for the crime they cannot be tried again. If found Guilty they can be re-tried on appeal or petition for a new trial.

dukalink6000

Not for the same crime, but if he does the crime twice (two separate car jackings) that is a new crime

Peek A Boo

Depending on the crime. Like DUI yes, killing someone yes. Now, have you seen the movie Double Jeopardy? It talks a lot about something like that. Most laws you can. I don't know for sure because I have never been arrested. Sorry

meow

In the US no, its called Double Jeopardy and we are protected under the Fifth Amendment of the Constitution from this.

dan0032000

people can be arrested for anything a cop wants to say is a law, and prosecuted as well, it don't even have to be on the law books.and as many times as they want to collect a little extra cash, beware around Christmas time for sure....oh and Welcome to the USA

if you buy into that double jeopardy crap, good luck to you , it don't really work, local magistrates are to powerful to answer to constitutional requirements

Laverne Jones

If a subject was suspended for misuse of a government credit card in 2004, can management repunish the subject for misuse fof a government credit card in 2004 again in the state of texas

patty

my fiance was convicted of penal code 170.25 crimal possesion of a controlled instrument ,which was him lending his medicaid card and a few times picked up prescription medicine which was (oxicodin) and he was paid a few dollars for doing his friend a favor ,but he was picked up almost 3yrs ago by the big medicaid officals in manhatten and was punished /restricted suppose to be 2 yrs and so then 9 months ago brooklyn d.a. pick him up and was aressted and convicted and was sentence to 5 days communite service (misdemeanor) and now 3 months ago manhatten d.a.was pick him up witha warrant for his aresst which he never recieved and they want looking for him in his mothers house when they already had our address and now they wanna charge him with penal code 170.25 and he was convited even and dicted without seeing a judge or crimal court and they wanna hit him with2-4,1 1/2 -3 and now a motion and his bullshyt lawyer doesnt even talk with him or let him know nothing , what can we do???

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