Can there be a case of double jeopardy? 11 Answers as of May 30, 2013

In a Ca. Superior Court, a person had charges dismissed. Can that person, at a later date, be arrested and charged for the charges that were dismissed by the Federal Criminal Court?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Double jeopardy only applies if you are retried after you have already plead guilty or a jury has been selected and the case then dismissed.
Answer Applies to: California
Replied: 6/13/2012
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
Yes possibly. This does not sound like double jeopardy. This sounds like the Federal Court did not want to waste their time with jurisdiction over the case and the AG sent the case to the DA in your county. This is ok unless you went to jury and the jury was sworn in then they dismissed your case in Federal court.
Answer Applies to: California
Replied: 2/1/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
Federal and state charges are different crimes. There is no double jeopardy if you are prosecuted for both Federal and state offenses arising from the same set of circumstances. The mere fact that charges againstsomeone were dismissed in CA Superior Court does not stop the Feds from prosecutinghim if the behavior underlying those charges also violates Federal law. In fact, even if someone is convicted on state charges, the Feds could still prosecute him on applicable Federal charges and it would not be double jeopardy. If you're the one against whom state charges have been dismissed and you fear possible Federal prosecution, you should consult an attorney right away.
Answer Applies to: California
Replied: 1/30/2012
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
No. Jeopardy only attaches after a jury is seated.
Answer Applies to: California
Replied: 1/26/2012
Law Office of Anthony Sessa
Law Office of Anthony Sessa | Anthony Sessa
Yes.
Answer Applies to: California
Replied: 5/30/2013
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    The answer, in the majority of circumstances, is "Yes."And, depending on what stage the legal proceedings were at when the case was dismissed it's possible jeopardy did not attach and therefore the state itself would be able to bring charges again at a later date.
    Answer Applies to: California
    Replied: 1/26/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Possibly. Felonies can be dismissed in state court and re-filed once in state court. If the state can re-file it, the Feds certainly can.
    Answer Applies to: California
    Replied: 1/26/2012
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    Your question is not exactly clear. Both the State and the Federal government can try and convict you for crimes that occurred during one act. They are separate sovereigns. Whether one sovereign can recharge you after a dismissal depends on how and why it was dismissed, under what legal code sections it was dismissed, and the procedural background of the case. I recommend consulting a lawyer with the specifics to be sure of your legal rights.
    Answer Applies to: California
    Replied: 1/25/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    The answer is yes, unless the case was dismissed "with prejudice," or the statute of limitations has run. It doesn't happen often, but it does happen. To get more specific information, contact a criminal defense attorney and give him/her the specific facts and circumstances of the situation to get a more detailed answer.
    Answer Applies to: California
    Replied: 1/25/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes. Two different jurisdictions.
    Answer Applies to: California
    Replied: 1/25/2012
Click to View More Answers: