Unfortunately, David Serna discovered that only a few people know about double jeopardy and their constitutional right against it. This right essentially states that the court cannot charge an acquitted person twice for the same offense. It is essential protection for criminal defendants offered by the Fifth Amendment to the U.S. Constitution.
David Serna believes that criminal defense lawyers must discuss all aspects of their rights to their clients. One of the essential things they need to tackle is the application of their right against double jeopardy. They need to discuss what it means when prosecutors find new evidence of the defendant’s guilt after the acquittal from the first trial. The court cannot charge the defendant for the second time in this case. Double jeopardy can also occur when a judge tries to sentence a defendant who already served their punishment for a crime. Although it seems like a relatively simple concept, David Serna believes double jeopardy can be much more complicated in some cases.
Prosecutors request for a new trial if they present new compelling evidence previously unavailable at the first trial. Additionally, the court may start a new trial if the prosecution finds out about a tainted acquittal where the defense participated in intimidation of the jury or witnesses or any form of corruption at the first trial. These two circumstances usually apply to grave offenses such as aggravated rape, manslaughter, or murder.
It is why David Serna reminds other criminal defense lawyers to do their best to win the case without doing any illegal acts, which can further damage their client’s case. But, Serna also believes it is essential to remember that the right against double jeopardy applies only to criminal cases. Other parties may file civil charges against an acquitted or convicted defendant. If you need any legal assistance, David Serna is available for consultations during the COVID-19 pandemic. You can reach him via email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and mask requirements.
David Serna 