Understanding Double Jeopardy in California

Double jeopardy is a legal protection that prevents an individual from being prosecuted or punished more than once for the same criminal offense. This principle is enshrined in both federal and California law. At the federal level, it’s part of the Fifth Amendment to the U.S. Constitution: “…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.: In California, the right is mirrored in Article I, Section 15 of the California Constitution and is supported by California Penal Code § 687.

Key Protections

Double jeopardy offers several key protections:

• No Retrial After Acquittal – If a person is found not guilty, they cannot be retried for the same crime.

• No Retrial After Conviction – Once a conviction occurs, further prosecution for the same offense is barred.

• No Multiple Punishments for the Same Offense – Courts cannot impose more than one punishment for the same criminal act.

When Does Jeopardy “Attach”?

Double jeopardy protections begin only after “jeopardy attaches,” which depends on the type of trial:

• In a jury trial: Jeopardy attaches when the jury is sworn in.

• In a bench trial (judge only): Jeopardy attaches when the first witness is sworn.

• In a plea bargain: Jeopardy attaches once the plea is formally accepted by the court.

Important: Being arrested or charged alone does not trigger double jeopardy protections.

Mistrials and Hung Juries

If a trial ends in a mistrial or the jury cannot reach a verdict (a hung jury), the government may retry the defendant. However, retrial is not allowed if:

• The prosecution intentionally caused the mistrial.

• The court acted in bad faith or committed judicial misconduct.

If a mistrial occurs for a valid reason (such as juror illness or a deadlock), a retrial is usually permitted.

Defining “Same Offense”

Courts use a test to determine whether charges are for the “same offense”:

• Blockburger Test: If each offense requires proof of an additional element that the other does not, they are not the same offense.

• Lesser Included Offenses: Conviction or acquittal of a lesser offense usually bars prosecution for a greater offense that includes it.

Example: If someone is convicted of vehicular manslaughter, they usually cannot later be tried for gross vehicular manslaughter from the same incident.

California Penal Code § 654

This section prevents multiple punishments for the same act, even if multiple charges are technically different crimes. While separate from double jeopardy, this law provides similar protections by ensuring a person isn’t punished twice for the same behavior.

State vs. Federal Charges: Dual Sovereignty Doctrine

Under the dual sovereignty doctrine, different levels of government (like California and the federal government) can prosecute the same conduct separately. This means someone can face both state and federal charges without violating double jeopardy.

Criminal vs. Civil Liability

Double jeopardy applies only in criminal cases. A person acquitted in a criminal case can still be sued in a civil case based on the same conduct. For example, someone found not guilty of assault can still face a civil lawsuit for damages.

Retrials After Appeal

• If a conviction is overturned due to legal error (such as improper jury instructions), a retrial is generally allowed.

• If a conviction is overturned due to insufficient evidence, double jeopardy applies and retrial is not permitted.

Special Cases

Plea Deals

Once a plea is entered and accepted by the court, it usually bars further prosecution for the same offense unless the plea is withdrawn or proven invalid.

Juvenile Court Cases

Juvenile proceedings also carry double jeopardy protections. A youth adjudicated in juvenile court cannot be retried as an adult for the same offense.

Mistrial by Defendant’s Request

If the defendant requests a mistrial, retrial is generally allowed unless the request was prompted by misconduct from the prosecution.

Collateral Estoppel (Issue Preclusion)

If a jury decides a key fact in favor of the defendant, that fact cannot be relitigated in a second case involving the same issue. This doctrine strengthens the protections offered by double jeopardy.

Frequently Asked Questions

Can I be retried if new evidence is discovered?
No. If you were acquitted, the case is closed, even if new evidence such as DNA emerges.

Can I face multiple charges from the same incident?
Yes, if each charge involves a separate legal element.

Can I be prosecuted by both the state and federal government?
Yes, because they are separate legal entities under the dual sovereignty doctrine.

Does a DMV license suspension for DUI count as punishment for double jeopardy?
No. DMV administrative actions are separate from criminal proceedings.

Summary Table of Scenarios

If you’re facing multiple charges or have already been to trial for an offense, keep these points in mind:

• Document all case developments—especially trial start dates and plea entries.

• Work with an attorney who can analyze whether new charges are legally distinct.

• Be cautious with plea deals and understand their impact on future charges.

• Consider potential federal involvement if your case involves interstate or federal interests.

Conclusion

Double jeopardy is a vital legal safeguard that protects individuals from repeated prosecution and multiple punishments for the same offense. While California provides strong protections, there are important exceptions and nuances. Understanding how and when these protections apply can be critical in defending against improper or duplicate prosecutions.

This guide provides a detailed overview of the key aspects of double jeopardy law in California, helping you navigate a complex area of criminal procedure with greater clarity.