David Serna Shares What Right Against Double Jeopardy Is

After working as a criminal lawyer for many years, David Serna believes not many people know about their constitutional right against double jeopardy. Many do not even know what double jeopardy is. This right essentially means that prosecutors cannot charge an acquitted person twice for the same offense. It is one of the protections for criminal defendants provided by the Fifth Amendment to the U.S. Constitution.

David Serna believes that his fellow criminal defense lawyers must discuss every essential aspect of their rights to their clients. One of the necessary things they need to explain is the applications of their right against double jeopardy when prosecutors find new evidence of the defendant’s guilt after the acquittal. The prosecution cannot charge the defendant for the second time in this case. Double jeopardy also occurs when a judge tries to sentence defendants who already served their punishment for a crime.

Although it may seem relatively straightforward, David Serna believes double jeopardy can be much more complicated in some cases. The court could begin a new trial if prosecutors present new compelling evidence previously unavailable at the first trial. Additionally, the court may start a new trial suppose the prosecution finds out about a tainted acquittal. It means that there was intimidation of the jury or witnesses or any form of corruption or bribery at the first trial.

These two circumstances typically apply to grave offenses such as aggravated rape, murder, or manslaughter. It is why David Serna reminds his fellow criminal defense lawyers to do their best without doing any illegal acts, which can further damage their client’s case. But, David Serna 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.