Can I sue the state for charging me for the same crime twice? 12 Answers as of June 27, 2013

I was arrested and did 90 days before the arraignment. Two weeks, later I was picked up again for the same crime but on a different court.

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James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
It's possible that you may have a CIVIL action for FALSE ARREST if the State messed up and re-arrested you for the SAME crime. Talk to a CIVIL RIGHTS ATTORNEY. Start with the lawyers on this site.
Answer Applies to: Michigan
Replied: 10/8/2012
Hamblin Law Office | Sally Hamblin
Are you sure it is the same crime, but a different time or day of the previous one? Why the different court, one must ask. You would not sue the state.
Answer Applies to: Michigan
Replied: 10/7/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
If it is the same set of facts on the same date, then you can only be charged once. That is "double jeopardy." You need to let the lawyers handling your cases know of the competing cases.
Answer Applies to: California
Replied: 10/6/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
You can request to have the cases consolidated or file a Motion for a Dismissal of one of them.
Answer Applies to: Pennsylvania
Replied: 10/5/2012
Reza Athari & Associates, PLLC | Seth L. Reszko
Suing the state usually involves that the state acted maliciously towards you, rather than making a mistake in arresting you again for the same crime. You also need to have this second case dismissed on the grounds of double jeopardy to really give you any chance to recover in a lawsuit, but these are very difficult cases to be successful.
Answer Applies to: Nevada
Replied: 10/3/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Cannot be the same charge.
    Answer Applies to: Georgia
    Replied: 6/27/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Possibily you could but I would need all the facts before I could make any determination of this issue
    Answer Applies to: Michigan
    Replied: 10/3/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    No.
    Answer Applies to: Washington
    Replied: 5/28/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It may be that the crime you committed began in one county, and finished in another county, like a fleeing charge, or multiple traffic offenses going from one county to another, and each county is pressing charges against you.
    Answer Applies to: Illinois
    Replied: 6/27/2013
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Probably not. We do not know what the charges were, and whether they were brought in juvenile court and transferred to adult court, or what the facts are. It is surprising to learn that you did not have an arraignment for 90 days. That is way too long for an initial charge. First appearance has to take place shortly after an arrest if someone is in custody.
    Answer Applies to: Florida
    Replied: 10/3/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Not likely to be able to win.
    Answer Applies to: Nebraska
    Replied: 6/27/2013
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