Jump to content
Shelby2012

Double Jeopardy?

Recommended Posts

I was placed under citizens arrest for an alleged traffic infraction.  I signed the ticket and asked the officer for county seat.  He refused.  Regardless, I signed the ticket to appear.  I drove from Sacramento to Eureka Ca and plead not guilty.  I then filed for discovery and drove back to Eureka for trial.  It is a 12 hour round trip.  Anyway, during discovery, I found out that the incident happen in a different county.  I brought this up at trial, the officer confirmed, and the judge dismissed the ticket.  Sometime later, I received a corrected citation.  A couple of months go by, and I just receieved a notice to appear in Trinity County.  Isn't this double jeopardy?  If not, this sure is one big jerk of a CHP.  In fact, now that he knows my other defense, I can't bring that up either.  Any help out there?  I would like to know if there is a way of getting this dismissed with prejudice.

Share this post


Link to post
Share on other sites

"The double jeopardy bar protects against a second prosecution for the same offense following an acquittal or conviction."  People v. Bright (1996) 12 Cal.4th 652, 660.  Your case was dismissed without a verdict based upon your jurisdictional objection and there is no bar to it being refiled in the proper court.

Share this post


Link to post
Share on other sites

Hi Shelby,

 

Double jeopardy does not apply in this situation because jeopardy did not attach. Please feel free to check out the following articles to learn more about the topic:

Hope these help!

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...