Los Angeles Double Jeopardy Lawyer

Double jeopardy is one of the most powerful constitutional protections in criminal law, yet it is also one of the most misunderstood. At Kraut Law Group Criminal & DUI Lawyers, our mission is to translate this complex doctrine into clear, actionable defense strategies for clients across Los Angeles. Our Los Angeles double jeopardy lawyers draw on decades of courtroom experience, including years of service as senior prosecutors. A Los Angeles double jeopardy lawyer will help prevent clients from being prosecuted or punished twice for the same alleged conduct.

Navigating the Los Angeles criminal process with a skilled legal team ensures that double jeopardy protections are fully asserted at every stage of a case.

The Double Jeopardy Clause of the Fifth Amendment guarantees that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” California’s own Constitution and statutory framework reinforce those safeguards. In practice, the protection centers on three core prohibitions:

• Second Prosecution After Acquittal. You cannot be retried once a jury or judge delivers a “not guilty” verdict.
• Second Prosecution After Conviction. After a lawful conviction, the State may not mount a new case for the same offense.
• Multiple Punishments for One Offense. Even when several statutes cover the same conduct, the court may impose only a single punishment for that single course of action.

Because California recognizes both federal and state double jeopardy protections, a Los Angeles defendant frequently benefits from an overlapping “double shield.” A skilled Los Angeles double jeopardy lawyer knows which rule to invoke, and when, to determine whether charges are dismissed outright or a sentence is dramatically reduced.

Timing is everything. “Attachment of jeopardy” is legal shorthand for the moment the Constitution locks prosecutors into a single opportunity to convict. In California:

• Jury Trials: Jeopardy attaches once the jury is sworn.
• Bench Trials: It attaches when the first witness is sworn.
• Guilty Pleas: It usually attaches when the court accepts your plea, although nuances arise if the plea is later withdrawn.
• Pretrial Dismissals: If a judge dismisses a case before jeopardy attaches, the prosecutor may be able to re-file.

Understanding these trigger points helps our Los Angeles double jeopardy lawyer team anticipate whether the District Attorney’s next move is lawful or grounds for an immediate dismissal motion.

A mistrial does not automatically bar another prosecution. However, the reason for the mistrial matters:

• Manifest Necessity Mistrials. For example, a hung jury or unforeseen emergency usually allows a retrial.
• Prosecutorial Misconduct Mistrials. If the mistrial stems from misconduct aimed at bolstering the State’s case, double jeopardy may prohibit a do-over.
• Successful Defense Appeals. A conviction reversed on appeal can sometimes be retried, but only if the appellate court found legal error unrelated to the sufficiency of the evidence.

Each scenario requires a rapid and nuanced analysis. Our Los Angeles double jeopardy lawyer team scrutinizes trial transcripts, judges’ rulings, and prosecutors’ conduct to decide whether renewed charges violate constitutional or statutory safeguards.

Penal Code § 654 is California’s statutory counterpart to the Double Jeopardy Clause. It outlaws multiple punishments for the same act or omission, even when that single deed breaches several laws. Key takeaways:

• Single Act, Multiple Charges. Prosecutors often file overlapping counts (e.g., robbery and assault) for leverage in plea talks. Section 654 allows us to argue in one sentence, not two.
• Course-of-Conduct Doctrine. The statute covers continuous conduct that forms one criminal episode, such as DUI with multiple related alcohol counts, such as Driving Under the Influence under California Vehicle Code § 23152(a) and Driving with a BAC of .08% or Higher under California Vehicle Code § 23152(b).
• Sentencing Hearings. Judges frequently invoke § 654 to “stay” (freeze) all but one punishment. A stay shields the client from harsher cumulative penalties.

Because the statute focuses on punishment, not prosecution, we often use § 654 in tandem with constitutional double jeopardy claims to achieve maximum protective impact.

• Successive Prosecutions by Separate California Counties: When alleged conduct crosses county lines, inexperienced prosecutors sometimes file duplicate cases.
• State Charges After Federal Acquittals (or Vice Versa): Although the “dual sovereignty” doctrine can allow for both prosecutions, California routinely weighs fairness and resource constraints.
• Duplicative Domestic Violence Counts: Charging both felony domestic battery and corporal injury for a single incident is common; we push back aggressively.
• Repeat DUI Enhancements: Prior convictions can enhance new charges, but they cannot be used as fresh stand-alone counts if the old offense has already been litigated.
• Gang Allegations and Underlying Offenses: When prosecutors stack a gang enhancement on top of a substantive gang crime, § 654 offers a defense to redundant punishment.

Each example underscores why local knowledge matters: Los Angeles County’s vast size leads to jurisdictional slip-ups that a savvy double jeopardy lawyer can exploit..

Double jeopardy is potent but not absolute. Clients often ask why “obvious” violations still lead to new cases. Consider:

• Separate Victims, Separate Counts: One act harming two people can be charged separately without violating the double jeopardy principle.
• New Evidence, Same Charge: Discovering fresh DNA or digital forensics does notrevive a closed case unless a mistrial or procedural quirk left the door open.
• Civil vs. Criminal Sanctions: Administrative or civil penalties (e.g., DMV license suspension) generally do not bar later criminal action.
• Federal–State Dual Sovereignty: The U.S. Supreme Court recognizes both states and the federal government as independent sovereign entities. Strategic negotiations can still deter a second filing; however, the constitutional argument alone may not be sufficient to do so.
• Probation Violations: Alleged violations are not new prosecutions; the State may revoke probation without triggering double jeopardy issues.

Our job as a Los Angeles double jeopardy lawyer is to explain these nuances in plain English and build defenses rooted in both statutory and constitutional law, rather than relying on urban legend.

• Early Case Assessment. We demand discovery immediately to determine whether jeopardy has attached in any earlier proceeding.
• Motion to Dismiss (Penal Code § 1385). When duplication is apparent, we promptly dismiss the case before arraignment, thereby saving time and resources.
• Writ Petitions. If a trial judge denies a legitimate double jeopardy claim, we pursue emergency relief in the Court of Appeal to halt an unlawful prosecution.
• Sentencing Advocacy. Even when a court denies dismissal, § 654 arguments can slash exposure by stacking terms.
• Negotiated Resolutions. Prosecutors respect our background as former insiders; we often secure dismissals or drastically reduced offers by demonstrating the pitfalls of double jeopardy.

Every tactic flows from one foundational principle: thorough, early investigation prevents the State from gaining undue leverage.

The courtroom battlefield is unforgiving. Prosecutors seldom abandon charges willingly, and judges require a pinpoint legal argument before terminating a case on constitutional grounds. Kraut Law Group Criminal & DUI Lawyers offers:

• Prosecutorial Insight: Michael Kraut’s 14-plus years as a Deputy District Attorney mean we anticipate the State’s playbook and cut it off at the knees.
• Trial-Tested Litigation Skills: If the matter proceeds to an evidentiary hearing, we cross-examine witnesses and argue statutory construction with confidence earned over hundreds of trials.
• Client-Centered Representation: We communicate with clients in plain language, ensuring they never feel lost in procedural jargon.
• 24/7 Accessibility: Legal emergencies do not keep business hours. Our team answers calls around the clock because double jeopardy violations can surface without warning.

Double jeopardy issues demand fast, decisive action. Evidence can vanish, deadlines can expire, and procedural missteps by the defense may give the prosecution a second chance. Contact Kraut Law Group Criminal & DUI Lawyers the moment you suspect your rights are at risk. We will analyze the docket, transcripts, and police reports to determine whether the State’s case is lawful or doomed.

Call (323) 464-6453 or use our secure online contact form today to protect your future before a simple paperwork error becomes a second illegal prosecution.