Quote:
Originally posted by Chris R
The last thing you want to do is post a legal question o this board.
Many things vary from state to state and you can get different answers from everyone under the sun.
In this type of case - I believe the person could be arrested again. It wouldn't usually be considered double jeopardy. Double jeopardy is usually attached at the moment you plead - the arrainment in this case.
There may be other laws that prevent the reincarcertaion of the individual before a plea can be entered, but it depends on the law out there.
Your best bet is to call the district attorney/State's Attorney's office and ask for an ASA/ADA and ask them.
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ChrisR:
Thanks for your input. I am aware of what double jeopardy is. If you have been found not guilty by a jury/or judge, you cannot be tried again for the same charges that you were found not guilty of.
You are right when you say my best bet is to talk to the DA, but that will be my last resort. Though I would like to see the person in jail (it is my daughters boyfriend), I don't want to be seen by my daughter as the one that is pushing the issue.
I personally think that once the DA's office rids itself of some of the overload they have, they will issue a warrant for his arrest and he will be properly arraigned next time around.
By posting on this board I just thought that maybe someone from California would have some intimate knowledge about this situation.
Anyhow thanks again for the response.