www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Defense attorney Charles Ware is recognized and ranked by his many satisfied clients as well as his legal peers as "One of the BEST 10 DUI and DWI Attorneys in the State of Maryland," as confirmed by the national trial lawyers organization, The American Institute of DUI and DWI Attorneys [AIDUIA]. Call us for help at (410) 730-5016 or (410) 720-6129.
Double jeopardy. The Fifth Amendment specifically provides that no person shall "be subject to the same offense to be twice put in jeopardy of life or limb." This proscription against multiple prosecutions has been applied to the states through the Fourteenth Amendment (Benton v. Maryland, 395 U.S. 784, 89 S. Ct. 2056, 23 L. Ed. 2d 707 (1969). And every state now has its own constitutional prohibition against double jeopardy.
This protection against double jeopardy is, in fact, three-faceted: It prohibits a second prosecution on the same charges after either acquittal or conviction and prevents multiple punishments for the same offense.
Certainly, if the client has already been convicted or acquitted of the offense for which he now stands charged, a plea of "once in jeopardy" or a motion to dismiss clearly would be called for. A less clear problem presents itself, however, where the client has been convicted or acquitted of a lesser-included or related offense.
The most common example of a related offense would be "plain drunk" or "drunk in public." Quite often, a defendant is prosecuted for "plain drunk" and convicted or acquitted; it is then discovered by the prosecutor that he had been driving a car at the time, and charges of drunk driving are brought. The question of whether the defendant already has been placed once in jeopardy then arises.
Legal Counsel should definitely assert this defense under such circumstances, both as a plea and, later, as a motion to dismiss.
No comments:
Post a Comment