Friday, July 30, 2010

when does double jeopardy start?

article 40.30 of the criminal procedure law holds that once a person is convicted or pleads guilty of a crime they can not be recharged for the same crime based on the same events. However, there are other situations where there isn't a trial or a plea. In such situations things aren't so straight forward.

In such situations article 40.30 holds that where there is a jury trial once the jury is sworn in double jeopardy starts and where there is no jury trial double jeopardy begins after the first witness in the case is sworn in.

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