Posted by Stone River’s Criminal Defense Team
Last Updated
If you’ve already been charged or taken to court for a crime, you typically cannot be charged again for the same offense. This protection is known as double jeopardy.
Defining Double Jeopardy
Double jeopardy protects you from being prosecuted or punished twice for the same crime.
- Being tried again after a “not guilty” verdict for the same alleged offense
- Being charged again after a conviction for the same offense
- Receiving multiple punishments for the same crime
Essentially, the State usually gets one single opportunity to present its case.
Constitutional Basis for Double Jeopardy
The constitutions of both Utah and the United States guarantee double jeopardy protections. A person may not be “subject for the same offence to be twice put in jeopardy of life or limb.” These provisions are found in:
- The Fifth Amendment of the U.S. Constitution
- The Utah Constitution Article I Section 12
Related Utah-Specific Statutory Protections
Utah statutory law expands the protections guaranteed to a defendant to in a criminal prosecution. While not technically a “double jeopardy” issue, Utah Code §76-1-402 provides protection from subsequent prosecution for acts committed as part of a “single criminal episode.”
This statute provides that if multiple crimes are based on the same conduct and are committed with the same or related purpose or intent, they should all be charged in a single case. If a person has been prosecuted and convicted in one case, this statute prevents the government from prosecuting additional related crimes in a subsequent case.
Important Takeaways
Courts use the term “attach” to describe when double jeopardy protections come into force. Sentencing following a guilty plea is one trigger. Prior to a conviction, jeopardy can also attach at trial once a jury is empaneled, or if a bench trial is involved then at the point the first witness is sworn.
Specific details of a case can affect how double jeopardy protections may apply, and there are exceptions where charges may still be pursued even after jeopardy has attached. Having the assistance of an experienced criminal defense attorney is key in both understanding and enforcing your rights.
Bradley Henderson leads the criminal defense team at Stone River Law, representing clients statewide in a range of criminal matters, with a focus on strategic defense and client advocacy.