David Serna Explains The Constitutional Right Against Double Jeopardy

David Serna believes that not many know about their constitutional right against double jeopardy, which is a must-know for every individual. This right means that the state cannot charge an acquitted person twice for the same offense. It is one of the fundamental protections provided by the Fifth Amendment to the U.S. Constitution for criminal defendants.

David Serna believes that it is essential for criminal defense lawyers to thoroughly explain every crucial aspect of their right against double jeopardy to their clients. One of the vital things they need to discuss is its obvious application when law enforcement finds new evidence of the defendant’s guilt after the jury acquitted them. The prosecution cannot charge the defendant again. Double jeopardy is also apparent when a judge tries to sentence a defendant for an offense they have already served their sentence.

But, David Serna believes that double jeopardy can be much more complex in certain circumstances. The court may order a new trial if there was a hung jury or there is new compelling evidence previously unavailable at the first trial. Additionally, the court may also order a new trial suppose the prosecution finds a tainted acquittal where there was intimidation of jury or witnesses, false evidence, or any form of corruption or bribery at the first trial. These two circumstances typically apply to the most serious offenses such as murder, manslaughter, or aggravated rape. It is why David Serna reminds his colleagues to do their best in their work without participating in any illegal acts, which can further damage the defendant’s case.

However, David Serna believes it is essential to remember that the protection against double jeopardy applies only to criminal cases. It means that other parties may sue an acquitted or convicted defendant in a civil lawsuit based on the same conduct. Additionally, double jeopardy does not apply until the court swears in the jury or until the first witness starts to testify in a trial before a judge. Therefore, filing charges does not trigger the rule.

If you need any legal assistance, David Serna is available for consultations during the COVID-19 pandemic. You can reach him via email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and mask requirements.