Can I be tried twice for the same or similar charge?

Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction. The Double Jeopardy Clause of the 5th Amendment to the U.S. Constitution, provides that no   person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” This protection applies both to successive punishments and to successive prosecutions for the same criminal offense.

The same-elements test, sometimes referred to as the “Blockburger” test, inquires whether each offense contains an element not contained in the other; if not, they are the “same offence” and double jeopardy bars additional punishment and successive prosecution.

United States v. Dixon, 509 U.S. 688, 695-696 (U.S. 1993)

Disclaimer

The materials are prepared for information purposes only.  The materials are not legal advice and you should not act upon the information without seeking the advice of an attorney.  Nothing herein creates an attorney-client relationship.