The question is a vital one. Double Jeopardy is a protection from being tried over and over again for the same crime. After the jury has acquitted the defendant. Additionally, his or her driver’s license could be suspended by the state’s Department of Motor Vehicles. Contact the law firm of Weisberg Kainen Mark today to learn how we can help! Jeopardy does not “attach” or begin merely because a person has been arrested for a crime. Some may provide defendants with this safeguard at a higher level, but no state in the union can drop its double jeopardy protections below the constitutional standard. It prohibits the state or federal government from prosecuting anyone more than once for the same crime or sentencing more than once for that same criminal act. So, a mistrial that avoids the jeopardy of conviction would not cause a prohibition of a second prosecution. We need your help. At this point, double jeopardy protection will take effect for the duration of the defendant’s life, preventing them from facing judgment for the same offense—though it is important to note that determining whether or not an individual is facing charges or prosecution for the same offense is a complex matter that is oftentimes open to interpretation. In cases which are tried before a jury, jeopardy attaches once the jury has been sworn. This means that if a state court tried a defendant for a particular crime and fails to get a conviction, the federal government can try the defendant again for the same conduct, so long as federal laws were also violated. This portion of the Fifth Amendment protects individuals from being “twice put in jeopardy of life or limb”—that is, in danger of being punished more than once for the same criminal act. Many are familiar with the Fifth Amendment’s right against self-incrimination and the Miranda warning, but the Fifth Amendment is also home to another vital Constitutional right. The U.S. Supreme Court has interpreted the double jeopardy clause to protect against a second prosecution for the same offense after acquittal or conviction and against multiple punishments for the same crime. Virginia’s codified Double Jeopardy statute. There are three unique rights inherent in the Double Jeopardy Clause: The jeopardy that the law prohibits is that of a conviction upon a finding of guilt. Just as jeopardy attaches, it must end or terminate in order for the Double Jeopardy clause to prohibit being charged and tried again for the same crime. Without the protection from Double Jeopardy, a person who has been found not guilty or acquitted of a crime could be tried again for the same offense until such time as he or she is ultimately convicted. Contact the law firm of Weisberg Kainen Mark today to learn how we can help! Although many people wish it were otherwise, not every variety of criminal case will qualify for the cover of the double jeopardy clause. Four Mistakes to Avoid If You are Facing Theft Charges in Virginia, Administrative License Suspensions and DWI Charges in Virginia, Criminal & Civil Appeals Lawyer in Fairfax, VA, What To Do When You’re Under Investigation, Federal Criminal Defense Attorneys Fairfax, VA, Marijuana Possession Attorneys in Fairfax, VA, Reckless Driving Attorneys in Fairfax, VA, Why You Should Not Take Field Sobriety Tests, Child Custody & Visitation Attorneys in Fairfax, VA, Marital Agreement Attorneys in Fairfax, VA, Post-Divorce Modifications Lawyers in Fairfax, VA, Fairfax Contested and Uncontested Divorce Lawyers, Why You Shouldn’t Trust The Insurance Company, What To Do After You’ve Been In An Accident.