If a jury is sworn in but before the opening statements of the prosecution the jury is dismisssed for a continuance, is it grounds for defendant to file for double jeopardy?
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If a jury is sworn in but before the opening statements of the prosecution the jury is dismisssed for a continuance, is it grounds for defendant to file for double jeopardy?
This is a federal trial.
Asked on April 23, 2019 under Criminal Law, South Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Double jeopardy is being charged twice with the same crime. A continuance during or at the outset of a trial is not double jeopardy. A continuance is routinely granted by the court for numerous reasons. This is still the same case on the same charges. The continuance merely delays the proceedings.
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