• @RestrictedAccount
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    306 months ago

    Can they just file a new set of charges and hope for a different Judge?

      • @Coreidan
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        396 months ago

        If they are different charges it’s not double jeopardy. Double jeopardy means being tried twice for the same crime and same charge.

        • @[email protected]
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          86 months ago

          I had, perhaps incorrectly, taken OCs comment to mean filing the same charges again, looking for a second trial that actually proceeds while the first is endlessly delayed.

          Totally separate charges would indeed be a separate matter.

      • rigatti
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        76 months ago

        Your comment has one upvote and two downvotes currently. It would be nice if someone would explain why they think you’re wrong if that’s why they’re downvoting. As IANAL, I have no actual idea how this works.

        • @[email protected]
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          386 months ago

          Double jeopardy is for the same crime, not more of the same crime. The charges for the additional documents found after the first round would be a separate charge. You know, like murdering two people is two separate charges.

          My down vote is because saying additonal crimes would be double jeopardy is stupid enough that I assume the poster is a MAGA shill, but don’t want to spend the time checking. You seemed curious and worth a reply.

          • @Bye
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            56 months ago

            Thanks for the explanation.

          • @[email protected]
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            6 months ago

            Well that’s overly hostile for no good reason… Assuming the worst of everyone you encounter is a pretty terrible way to live and just makes the world a shitier place to be.

            My response was in relation to filing the same charges again; as in attempting to have two trials for the same charges/crimes, hoping one goes well while the other is hopelessly delayed by a shitty judge. A misunderstanding perhaps. One you could have cleared up…

            /edit; and now your downvoting every comment I’ve made. Glad we could have a reasonable discussion. Enjoy your pointless hatred, Pce.

            • @[email protected]
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              6 months ago

              I only down voted two of your posts before this one. Apparently other people also think your posts are terrible and don’t add anything to the discussion.

        • @[email protected]
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          -126 months ago

          That would certainly be nice. Kinda just tossed the idea out there tho; IANAL as well.

          I’m just familiar with the general concept, but looking closer at the details; it seems that may only apply after an actual acquittal/conviction.

          You could probably run two simultaneous trials, and only apply the double jeopardy clause once one of the two trials concludes (nullifing/halting the later trial), but I’m not all that sure.

          No idea if any case law actually supports this idea.

          • @[email protected]
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            6 months ago

            No, committing two murders doesn’t mean one invalidates the other. Finding more documents warrants additional charges.

            • @[email protected]
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              6 months ago

              We aren’t talking about seprate crimes, or additional charges; we’re discussing starting a second trial for the same set of charges crimes, while the first trial is still proceeding/on hold.

              • @[email protected]
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                166 months ago

                Yes, we ARE talking about a new and separate set of charges for the ADDITIONAL documents.

                Can they just file a new set of charges and hope for a different Judge?