Duty of a Tulsa Criminal Defense Attorney
At the Tulsa Criminal Defense Law Firm, one of the most important things we can do for our clients is to educate them about their rights under the law. One of these rights is the protection against double jeopardy, which is guaranteed by the Fifth Amendment to the United States Constitution. However, many people are not aware of what double jeopardy actually means or how it applies to their case. In this blog post, we will explain what double jeopardy is and how it may affect your case.
Oklahoma’s Double Jeopardy Law is found in Okla. Stat. tit. 22 § 14. This law provides that no person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and duly convicted or acquitted. The law also specifies that if a person is charged with a crime and is found not guilty, they cannot be charged with the same crime again, even if new evidence is discovered. However, the law does provide for certain exceptions, such as if the person is being tried in a different jurisdiction or if the charges are for a different offense that arose out of the same conduct.
Exceptions to Double Jeopardy
While double jeopardy is an important protection for criminal defendants, there are some exceptions to this rule. For example, you can be tried for the same offense in both state and federal court, as each court system is considered a separate sovereign. Additionally, if you are charged with multiple crimes arising out of the same conduct, you can be tried for each of those crimes separately. For instance, if you are arrested for drug possession and assault, you could be tried for each offense separately.
Another example is if a person is charged with drug trafficking in Tulsa, they may also face federal drug trafficking charges. In this situation, Double Jeopardy would not apply, and the person could be tried and convicted in both courts. All the more reason to to retain a skilled Tulsa attorney from the Tulsa Criminal Defense Law Firm
Another exception is if your case was not resolved in a prior trial due to a mistrial, hung jury, or other procedural issue. In this situation, you can be retried for the same offense because the original trial did not result in a final judgment. It’s also worth noting that double jeopardy only applies to criminal charges, not civil lawsuits. You can be sued civilly for the same conduct that led to your criminal charges.
For example, if a person is charged with assault but found not guilty, they may still face a civil suit for damages related to the alleged assault.
Successful Defenses by Skilled Tulsa Attorneys
At the Tulsa Criminal Defense Law Firm, we have successfully defended clients facing a variety of charges, including those related to drug offenses, white-collar crimes, and violent crimes including those involving double jeopardy.. We understand the importance of building a strong defense strategy tailored to each client’s unique situation. Our experienced team of criminal defense attorneys will expertly defend and ensure the best possible outcome for your case.
Get a Free Consultation Today
In conclusion, if you are facing criminal charges in Oklahoma, it’s crucial to have an experienced Tulsa criminal defense attorney on your side who understands the nuances of double jeopardy law and can protect your rights. Contact us at the Tulsa Criminal Defense Law Firm for a free consultation to discuss your case and learn how we can help you achieve the best possible outcome. If you or a loved one is facing criminal charges, call us today at 918-256-3400 for a free consultation. We are here to help.