Is double jeopardy when you cant be charged with the same crime if found not guilty the fist time?

Answer 1

Under the US Constitution, 5th amendment, quoting "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb" [sic] you are "safe" from being tried twice for the same crime, with a caveat.

There are certain instances where you could be tried twice for the same 'crime' / offense. This list is not all inclusive:

Jury Malfeasance - Corruption of the Jury in the case.

Lesser included charges - This type of action is rare as most courts demand that the lesser included charges be made a part of the first trial (but it has happened, only rarely).

Conspiracy to commit or New Evidence - This is also very rare, but has happened.

Defendant's motion for New Trial - The defendant in the case can ask for a new trial (the list of why is way too long for this type of posting) and in "that" instance s/he can be tried again for those charges (in some cases exposing themselves to a harsher punishment than originally received).

Probation Revocation - Some probation agreements were made before trial, and when revoked most withdraw the plea and re-plea forcing the state to go to trial (judges are loath to accept plea withdrawal in these circumstances, but sometimes do).

As an example: (Pretend)

John (a 2 time felon) was arrested while leaving a convenience store with a gun in his hand, police responded to a silent alarm. Video surveillance shows John in what appears to be an armed robbery. The store owner and clerk report an armed robbery. The State (thinking they have a 'slam dunk') charges John only for the armed robbery. For some reason the surveillance is suppressed at trial and the jury finds John not guilty. The State then charges John with "Felon in possession of a Fire Arm" (a felony in itself) -- This would NOT be double jeopardy, while it was made a significant part of the action above, it was not CHARGED in that action and can stand alone as its own offense without including anything from the first prosecution.

To extend that same example, pretend again, that everything stays the same with the exception that the state also included the charge of "Terroristic threat with a firearm." John is still found not guilty. Then the state decides that it was not a "Terroristic Threat" but "assault with a firearm," and tries to prosecute him again for that. In this case John would be protected as he was tried on essentially the same 'action' and found not guilty.

The information contained in this is for educational purposes only and is NOT LEGAL ADVICE, it is recommended you seek the advice of an attorney for legal advice.