Shreveport, LA Criminal Defense: Double Jeopardy in Lousiana
For those charged with crimes in Shreveport or other parts of Louisiana, one crucial legal and constitutional protection is the protection against being tried twice for the same crime. In legal terms, being tried twice for the same crime is called double jeopardy. This matters because if a jury or judge says "not guilty," the criminal defendant is immediately set free and can go home. Without the protection from double jeopardy, the Louisiana prosecuting attorneys could keep the defendant in jail and "try again" with a new judge or jury. If you are arrested and charged with a crime, contact an experienced Shreveport criminal defense attorney at the Law Offices of Philip B. Adams.
Those accused of crimes are protected from double jeopardy by both the Fifth Amendment of the U.S. Constitution and by Louisiana statute. La. Rules Crim. Proc., Art. 591. The Louisiana statute states as follows:
"No person shall be twice put in jeopardy of life or liberty for the same offense, except, when on his own motion, a new trial has been granted or judgment has been arrested, or where there has been a mistrial legally ordered under the provisions of Article 775 or ordered with the express consent of the defendant."
In some cases, a double jeopardy argument can be successfully used as a defense to a charge and can lead to dismissal or the overturning of a conviction on appeal.
There are, however, some exceptions -- or maybe nuances -- to the double jeopardy rule. Some can be seen in the words of the statute. The first exception is where a criminal defendant -- on "his own motion" -- requests a new trial. A "motion" is a written request given to the judge. The second exception is where a "judgment has been arrested." This means that a conviction has been overturned, and the case returned to the trial court for a new trial. This is allowed -- and does not violate principles of double jeopardy because, in effect, the defendant is asking for a new trial when the defendant appeals an adverse result. The final exception in the statute is for mistrials either agreed to by the defendant or legally ordered under the Louisiana rules and procedures. The most common mistrial occurs when a jury is "hung" and cannot agree on whether to convict or acquit.
The other important exception or nuance is the fact that the United States is deemed to have two separate levels of government: the federal government and the government of Louisiana. Double jeopardy principles apply to each but apply separately. So, Louisiana cannot try a person twice for the same crime, and neither can the federal government. But each can make one attempt. This assumes, of course, that the actions and behavior are crimes at both the state and federal levels. Drug crimes are a good example where both governments have criminal statutes punishing the same behavior.
Contact A Louisiana Criminal Defense Attorney Today
For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.