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Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found "not guilty" of all charges.

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What You Need to Know about Double Jeopardy

Did you know that there are certain protections in place that can prevent you from getting in more serious trouble when you have been accused of a crime? The fifth amendment to the United States Constitution includes an important protection against double jeopardy. This means that the same person cannot be facing criminal charges or consequences twice for the same exact crime.

Protecting Your Rights With Double Jeopardy In Ocean County NJ

Double jeopardy protects against more than one punishment for the same offense, a prosecution for the same offense after a conviction has already been achieved, or a prosecution for the exact same offense after an acquittal has already been achieved by the defendant. There are several different instances in which this shield is available, such as situations in which a jury has already acquitted a defendant and the state attempts to bring charges for the second time against that person. Double jeopardy further prevents punishments in certain prototype scenarios such as when a judge attempts to resentence a person who has already carried out the punishment for that specific crime.

Criminal cases are the only circumstance in which double jeopardy protections are afforded. This means that a person who is convicted of a crime may not be immune from the civil consequences from the victim of the crime. A victim may choose to bring forward a personal injury lawsuit, for example, regarding an assault that occurred.

Learn More About Double Jeopardy by Talking to an Experienced Attorney Handling Criminal Cases Throughout Atlantic and Cape May County

The DMV can also suspend or revoke your driver’s license for the same actions that ultimately led to a criminal conviction. You may still face multiple prosecutions for multiple offenses and this will not trigger the double jeopardy protection. Consulting with an experienced criminal defense attorney is strongly recommended. At the Law Offices of John Tumelty, you will have a better understanding of what you are facing in your criminal case when you get help- contact our office today at 609-390-4600.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.

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