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  1. #1

    Default When Does 'Double Jeopardy' Apply

    Hi all. I need some clarification and maybe even some points on this issue.

    My GF and her family lives in Houston, TX. In 2000, her dad went into clinical depression. In 09/2004, several homes in the area were burned down, and the police were questioning people. Since my GF’s dad was suffering from clinical depression he wasn’t answering questions properly which led the police to believe he might be the arsonist. They asked him to come down to the police station voluntarily and the police ended up questioning him for more then 7 hours (without giving him a break and letting him speak to a lawyer or family members). They put so much pressure on him that he admitted to everything. The police did not know he was diagnosed with clinical depression. They locked him for several months while the courts set up a trail date for early 2005. In court the jury found him innocent because the police had NO evidence other then the forced admission by interrogation.

    Her dad’s condition is even worse now because of what the police did. Their court appointed lawyer wants to have the courts pay for the medical treatment so he wants to re-open the case. Now, my GF is worried if they go back to trail then her dad will (1) have to go through all this again, which can make his condition even worse, and (2) what if the courts or the jury finds him guilty of that arson crime. I told her about ‘double jeopardy’ where her dad can’t be tried for the same crime twice. From my understanding, ‘double jeopardy’ means if the person went to trial and was found innocent, they cannot be tried again for that same crime again, is that correct? If not, then does it mean if her court appointed lawyer tries to re-open the case then her dad can be tried again, and face jail time? What would be the reason for trying to re-open the case?

  2. #2
    Join Date
    Jul 2006
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    2,652

    Default Re: clarification for 'double jeopardy'

    Quote Quoting LegalQuestions
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    Hi all. I need some clarification and maybe even some points on this issue.

    My GF and her family lives in Houston, TX. In 2000, her dad went into clinical depression. In 09/2004, several homes in the area were burned down, and the police were questioning people. Since my GF’s dad was suffering from clinical depression he wasn’t answering questions properly which led the police to believe he might be the arsonist. They asked him to come down to the police station voluntarily and the police ended up questioning him for more then 7 hours (without giving him a break and letting him speak to a lawyer or family members). They put so much pressure on him that he admitted to everything. The police did not know he was diagnosed with clinical depression. They locked him for several months while the courts set up a trail date for early 2005. In court the jury found him innocent because the police had NO evidence other then the forced admission by interrogation.

    Her dad’s condition is even worse now because of what the police did. Their court appointed lawyer wants to have the courts pay for the medical treatment so he wants to re-open the case. Now, my GF is worried if they go back to trail then her dad will (1) have to go through all this again, which can make his condition even worse, and (2) what if the courts or the jury finds him guilty of that arson crime. I told her about ‘double jeopardy’ where her dad can’t be tried for the same crime twice. From my understanding, ‘double jeopardy’ means if the person went to trial and was found innocent, they cannot be tried again for that same crime again, is that correct? If not, then does it mean if her court appointed lawyer tries to re-open the case then her dad can be tried again, and face jail time? What would be the reason for trying to re-open the case?
    Yes, you have it right. Except, he wasn't "found innocent", he was acquitted (they cleared him of those charges).

    http://en.wikipedia.org/wiki/Double_jeopardy

    Clarify who you mean by their. Do you mean the dad's lawyer?

  3. #3

    Default Re: clarification for 'double jeopardy'

    By their I meant her dad's court appointed lawyer.

    I spoke to her now and she remembers her lawyer saying that he wants to reopen the criminal case. Why would he want to do that? Esp if he won that? Can he reopen the criminal case? She will call the lawyer tonight for an update.

    Thanks!

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: clarification for 'double jeopardy'

    Quote Quoting LegalQuestions
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    By their I meant her dad's court appointed lawyer.

    I spoke to her now and she remembers her lawyer saying that he wants to reopen the criminal case. Why would he want to do that? Esp if he won that? Can he reopen the criminal case? She will call the lawyer tonight for an update.

    Thanks!
    Something doesn't sound right.

    I think it would be best if you find out the whole situation, then come back and post that. If this is his court appointed attorney and he was able to get him off on the charges he was facing, HIS lawyer wouldn't be reopening the case. This lawyer also wouldn't be trying to recover damages for the father. The father would need to hire his own attorney if he felt he had a reason to.

    A public defender usually defends his client on the case before him; not create another case.

    There is definately more to the story...

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