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How Does Double Jeopardy Work In A New York Criminal Case?

When you’re charged with a crime in New York, it’s important to understand how criminal procedure could impact your case. It’s also important to understand your rights. Double jeopardy protection is one of your rights, and a good criminal defense attorney can use it to protect you in some scenarios.

Under normal circumstances, you should only be tried for a criminal case once. The Fifth Amendment enshrines your right to avoid successive prosecutions for the same alleged act through the Double Jeopardy Clause.

The Double Jeopardy Clause provides three rights:

  1. The defendant will not face a second prosecution after an acquittal.
  2. The defendant will not face a second prosecution after a conviction.
  3. The defendant will not receive multiple punishments for the same offense.

New York also has Double Jeopardy laws, enshrined in Article 40, section 20. Under New York Law:

  1. A person may not be prosecuted twice for the same offense.
  2. A person may not be separately prosecuted for two offenses based on the same act or criminal transaction, though there are exceptions to this rule defined under the law.
  3. If you are tried for a crime in another state and the case is dismissed due to insufficient evidence, you cannot be tried for the same crime in New York, even if the evidence is different in each case.

There are exceptions to the double jeopardy clause.

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