Can you be tried twice for the same crime in California? This is a common question many Californians ask when facing legal concerns or following high-profile criminal cases. The answer lies in the constitutional protection known as Double Jeopardy — a legal safeguard with deep roots in American law. In this blog post, we’ll explore what double jeopardy means, how it applies in California, its limitations, key exceptions, and how it affects criminal prosecutions.
What is Double Jeopardy?
Double jeopardy is a legal principle that protects individuals from being tried or punished more than once for the same offense. This right is enshrined in the Fifth Amendment to the United States Constitution, which states: “…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…” This clause ensures fairness in criminal proceedings by preventing the government from making repeated attempts to convict someone for the same alleged act.
Double Jeopardy in California Law
While double jeopardy is a federal constitutional right, California also incorporates it into state law. Under Article I, Section 15 of the California Constitution, and through California Penal Code provisions, state courts enforce protections similar to the federal standard.
The protections include:
Protection against a second prosecution after acquittal
Protection against a second prosecution after conviction
Protection against multiple punishments for the same offense
Both state and federal courts are bound by this rule, but complexities arise in cases involving multiple jurisdictions or overlapping charges.
When Does “Jeopardy” Begin?
Understanding when jeopardy “attaches” is crucial to knowing when the protections kick in. In California, jeopardy typically attaches:
In a jury trial: When the jury is sworn in.
In a bench trial (no jury): When the first witness is sworn in.
Once jeopardy attaches, and the trial proceeds, the protections under double jeopardy take effect. If a defendant is acquitted, that result is final—no appeal or retrial is allowed for the same offense, even if new evidence emerges.
Can You Be Tried Again After a Mistrial?
Sometimes, a trial ends without a verdict due to a mistrial (e.g., a hung jury or procedural error). Does double jeopardy apply in this case?
Not always. If a mistrial occurs without prejudice and not due to prosecutorial misconduct, the prosecution may retry the case. However, if a mistrial is declared due to intentional misconduct by prosecutors intended to provoke a mistrial, double jeopardy may bar a retrial.
Same Offense – How Is It Defined?
One of the most misunderstood parts of double jeopardy law is what counts as the “same offense.” Courts often apply the “Blockburger Test” (from a U.S. Supreme Court case), which asks whether each offense requires proof of a fact the other does not.
For example:
Being charged with burglary and theft arising from the same incident may not count as the same offense if each requires proof of different elements.
However, charging someone with two counts of the same crime for the same action (like two murder charges for one victim) may violate double jeopardy protections.
California courts follow this logic when determining whether subsequent charges are legally permissible.
Federal vs. State: Can Both Try You?
A common point of confusion: Can you be prosecuted twice—once by the federal government and once by the state—for the same act?
Surprisingly, yes. This is known as the “dual sovereignty doctrine”. Federal and state governments are considered separate sovereigns, so each may bring charges for the same conduct if it violates both state and federal laws.
Example:
A person involved in a drug trafficking case might face state charges for drug possession and federal charges for drug trafficking across state lines. These are technically separate prosecutions and don’t violate double jeopardy.
Exceptions to Double Jeopardy Protections
Double jeopardy rights are not absolute. Here are key exceptions:
1. Civil vs. Criminal Cases
You can be sued in civil court even after a criminal acquittal. For instance, someone found not guilty of assault can still face a civil lawsuit for personal injury.
2. Appeals by the Defendant
A defendant can appeal a conviction without violating double jeopardy. If the conviction is overturned, they may be retried unless the reversal is due to insufficient evidence.
3. Separate Acts from the Same Incident
A person may be charged with different crimes from the same incident if each charge reflects a distinct criminal act.
Double Jeopardy and Plea Bargains
If you accept a plea deal, you typically waive certain rights, including the right to challenge charges again later. However, if the prosecution violates the plea agreement, you may be protected from retrial or re-prosecution under double jeopardy principles.
Common Questions
🔸 Can I be charged again if new evidence is found? No, not if you were acquitted. Even if DNA evidence or a confession later surfaces, an acquittal cannot be overturned under double jeopardy rules.
🔸 What if I was convicted but later found innocent? If you’re convicted, new evidence may support an appeal or exoneration, but double jeopardy does not prevent retrial unless your conviction is overturned due to insufficient evidence.
🔸 Can I be charged with additional crimes from the same incident? Yes, if those crimes are legally distinct and require different elements of proof.
Conclusion
Double jeopardy is a critical protection in California’s criminal justice system, ensuring that no individual faces repeated trials or punishments for the same offense. However, it’s not an all-encompassing shield. Understanding how and when it applies — especially with nuances like dual sovereignty, mistrials, and plea deals — is essential for anyone navigating the legal system.
If you’re facing criminal charges or believe your double jeopardy rights have been violated, it’s best to consult with a qualified California criminal defense attorney who can assess your case in detail
At Southwest Legal, we provide experienced, aggressive, and compassionate defense for clients throughout California. Our legal team understands the complexities of double jeopardy protections and will fight to ensure your rights are fully protected. Call us today for a free consultation. Let us help you navigate the legal system with confidence and clarity.
