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CAN A PERSON BE INDICTED TWICE FOR THE SAME CRIME?
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CAN A PERSON BE INDICTED TWICE FOR THE SAME CRIME?

this person has been in jail since oct., 2007 and was indicted then. now he is indicted again for the same charges that he was to begin with.


    




BO#44
If he commits the same crime more than once, yes. If he committed the crime only one time, he can only be charged for it one time, otherwise it would constitute double indemnity which is unconstitutional.


Jungle_jim
Rating
No there's a law called double jepordy. You can't be tried twice for the SAME crime. However if he did the same thing twice, but on two seperate occasions then yes he could.


nckmari
Rating
yes to be short..depends on weather jepordy was attached


dvdclarke
no


FlyingDutchman
Rating
You can not be tried twice for the same crime. If s/he was indicted for a crime a while back, but it never went to trial, then s/he can be indicted for that same crime again now. Hope that helps.


RockHound
An Indictment and being charged is different from actually having a trial or pleading a crime.. Having gone through the Trial or pleading process, and having those charges dropped,or processed and new charges from the same crime bought up is considered Double Jeopardy and is a violation of Constitutional Rights.


britany w
yes as long as there was no verdict


Trojan8408
Indicted, yes. But actually being tried in court for it twice, no. There is a way they can go about it, but its too hard to explain. They can indict, drop it, then bring it back if you never went to court.


Keith
Rating
You can be indicted for the same crime twice if you weren't tried for the crime after the first indictment.


Bill
Rating
You can only be tried once for a given incident by a given sovereign. You could be tried twice for the same crime if committed it on more than one occaision, or if you comitted it in several states so that various states have jurisdiction. An indictment, however, is not a trial. You can be indicted multiple times for the same incident. Usually this is done to correct or add to charges prior to trial.


davidmi711
Rating
Yes. A person can only be tried once for the same charges. However if they were indicted and the case did not go to trial they can be indicted again.


x2000
Rating
Indicted is not a trial, so yes.


Daze
Rating
Double jeopardy (cant be tried twice for the same crime) only applies if there was a decision in the first indictment... like guilty or not guilty. If it was a mistrial, hung jury or other thing, then he can be indicted again.


mommybaby295
Rating
Yes, double jeopardy doesn't apply to indictments. An indictment is how the state charges you with an offense. They can re-indict to fix defects in the original charge.





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