Challenging Convictions on Grounds of Double Jeopardy

The Fifth Amendment of the U.S. Constitution contains the Double Jeopardy Clause, which prohibits subjecting any individual "for the same offense to be twice put in jeopardy of life or limb." This clause is commonly referred to as the Double Jeopardy Clause. Many individuals interpret this constitutional protection against double jeopardy to mean that a person cannot be retried for a crime for which they have been acquitted or convicted.

WHAT DOES DOUBLE JEOPARDY MEAN?

The Double Jeopardy Clause not only bars successive prosecutions but also prohibits imposing multiple punishments for the same criminal conduct. Thus, a person who has been convicted cannot be sentenced to, for instance, 10 years in prison and then subsequently sentenced to another 10 years for the same crime. Double jeopardy is a crucial legal concept, particularly as many criminal cases involve numerous counts and charges. A proficient team of criminal defense attorneys must be well-versed in double jeopardy legal doctrine to ensure that the accused is not subjected to multiple prosecutions for the same behavior and does not face multiple penalties. Double jeopardy arguments based on these grounds can, at times, lead to convictions being overturned on appeal. Here's a concise explanation.

Double jeopardy law is intricate. For instance, identical conduct may serve as the basis for separate prosecutions for distinct crimes without violating double jeopardy. However, your criminal defense team must be vigilant, as the distinct crimes must genuinely be different. Legally speaking, crimes are considered distinct if each one necessitates proof of at least one fact or element that the other does not.

As another illustration, double jeopardy prohibits prosecutors from securing multiple convictions by dissecting the behavior into fragments. For instance, suppose a criminal statute penalizes armed robbery, defined as theft involving the use of a deadly weapon. If the accused used a handgun, a shotgun, and a knife during the robbery, double jeopardy generally precludes the prosecution from filing three separate charges — one for each deadly weapon — based on the same set of circumstances. It's noteworthy that a "gap in time" might allow for more than one charge because, if there is a pause in the criminal conduct, one crime may be considered to have ceased while another may be deemed to have commenced at a later time.

Double jeopardy also extends to what are known as "predicate" offenses and crimes derived from those predicates. For instance, the Hobbes Act, a federal law, penalizes armed robbery, which could involve various weapons such as a knife or blunt object. Another federal law punishes using, brandishing, or discharging a firearm during a crime of violence. If the armed robbery was committed using a handgun, then the Hobbes Act crime serves as the "predicate" offense for a separate charge related to using a handgun during a "crime of violence." Double jeopardy prevents the prosecution from pursuing more than one subsequent charge based on a single predicate offense. Prosecutors often attempt this maneuver. For instance, hypothetically speaking, if the accused armed robber used a handgun, brandished it, and also discharged it during the robbery, prosecutors might endeavor to assert that three subsequent crimes were committed. However, the double jeopardy doctrine prohibits this.

Eligibility for Pre-Trial Diversion Programs

A defendant must meet certain requirements to be classified as eligible for participation in a pre-trial diversion program. He or she must be a first-time offender who is charged with a less serious offense like a misdemeanor. These programs are more common for juvenile criminal offenders because courts view these programs as helping juveniles keep their records clean and protect their future opportunities for success. Instead of being granted automatically, a defendant must request to participate in a pre-trial diversion program. In most cases, a judge will inform a person charged with an offense whether pre-trial diversion is an available option.

How Attorneys Can Help

Pretrial diversion has the potential to be beneficial for a person who is charged with a crime, but qualifying for these programs is often difficult. Fortunately, an experienced criminal lawyer can help increase the chances that you qualify for the program and answer any questions that you might have about the process.

Speak with an Experienced Criminal Defense Lawyer

If you are facing criminal charges, you should not hesitate to speak with an experienced attorney. It is important to act quickly because diversion is often not available after the arraignment process has occurred. 

Typical Federal Offenses & Strategies for Addressing Allegations

Common Federal Offenses & Charges

Individuals across the nation face the risk of being accused of various federal crimes, each carrying significant penalties. Therefore, it's crucial to mount a robust defense with the assistance of a criminal defense attorney when confronted with any criminal allegations. Below is an overview of prevalent federal crimes and potential defenses against such charges.

Federal Drug Offenses

Both federal and state jurisdictions can bring drug-related charges against individuals. Common federal drug offenses include drug distribution, manufacturing, trafficking, and possession. Federal drug charges typically arise when an individual is found transporting a substantial quantity of illicit substances.

Federal Mail Fraud

Mail fraud involves using U.S. mail or other mail carriers to perpetrate fraudulent activities. To prove mail fraud, prosecutors must demonstrate that an individual orchestrated a scheme to defraud others, induced them to relinquish money or property through deceptive means, intended to deceive, and utilized mail services to execute the scheme.

Federal Wire Fraud

Wire fraud entails using electronic communications, as opposed to postal services, to defraud others. Prosecutors must establish that an individual devised a fraudulent scheme for financial gain, executed the scheme, knew that wire communication was necessary for the fraud, and utilized interstate or foreign communications in the process.

Federal Bank Fraud

Bank fraud encompasses any scheme aimed at defrauding banks or financial institutions. Charges can be brought if an individual employs deceit, dishonesty, or other deceptive methods to obtain credit, assets, or securities.

Federal Conspiracy

Conspiracy occurs when two or more individuals conspire to commit a criminal act and take steps towards its completion. The actual commission of the crime is not required; merely taking a single action toward its execution suffices.

Defense Strategies Against Federal Charges

Several defense strategies can be employed in response to federal charges. Challenging the sufficiency of evidence gathered by law enforcement to prove each element of the case is a common defense tactic. Additionally, asserting violations of Fourth Amendment rights against unreasonable searches and seizures by law enforcement officers is another prevalent defense approach.

Federal Offenses and Strategies for Addressing Charges

Common Federal Crimes & Charges

People throughout the country are at risk of being charged with a variety of federal crimes. Each of these charges can result in serious penalties, which is why any criminal charges must be met with the strongest defense possible, with the help of a criminal defense attorney. The following takes a brief look at the most common federal crimes as well as some of the defenses that can be used in response to these charges.

Federal Drug Offenses

A person can end up facing drug charges on both a federal and state level. Some of the most common types of federal drug offenses with which individuals are charged include drug distribution, drug manufacturing, drug trafficking, and drug possession. Federal charges for drugs are often initiated when a person is determined to have been transporting a substantial amount of drugs.

Federal Mail Fraud

Mail fraud describes an activity that is performed through the use of the United States mail or any other type of mail carrier. To establish mail fraud, the prosecution must establish that an individual used a scheme to defraud others, the individual made statements that influence others to give up money or property, the individual acted with the intent to deceive others, and the individual used the mail to carry out a scheme.

Federal Wire Fraud Law

Wire fraud involves using communications over wires rather than through the mail. To be charged with wire fraud, the prosecution must establish that an individual created a scheme to defraud another for financial gain, the scheme was carried out to defraud others, that the individual had reasonable knowledge that wire communication was necessary to perform the fraud  and that foreign or interstate communication was used to commit the fraud.

Federal Bank Fraud Law

Bank fraud involves any scheme to defraud a bank or any other type of financial institution. A person can be charged with this offense if he or she uses deceit, dishonesty, or any other type of trick to obtain credit, security, or any other type of asset.

Federal Conspiracy Laws

Conspiracy arises when two or more individuals agree to commit a criminal offense and then take some action towards completing that crime. It is not required that the crime that was committed actually be committed. Instead, only one small step towards the commission of the offense is required.

Defending Against Federal Charges

There are fortunately several types of defenses that a person can raise in response to a federal offense. One of the most common defenses is establishing that law enforcement failed to gather a sufficient amount of evidence to prove each element of the case. Another common type of defense is that a law enforcement officer violated a person’s Fourth Amendment right against unreasonable searches seizures.

The impact a DUI can have on your license

(US criminal law) Being convicted of a DUI comes with many consequences, but one of the most overlooked is the effect a DUI conviction can have on your driver’s license. From the loss of driving privileges to points being added onto your license and more, being convicted of a DUI can truly wreak havoc on your ability to enjoy your vehicle for life.

Loss of Your Driver’s License

One of the most common penalties for DUI is the loss of a driver’s license for a predetermined period of time. In most states, even before you are convicted, your driver’s license can be temporarily suspended pending your trial. If convicted in court, you may then lose your driving privileges for a period of months or even years, depending upon the circumstances surrounding your case. If you have been convicted of multiple DUIs within a specified time period, some states may even revoke your driving privileges for life.

Points Added onto Your Driver’s License

Like virtually all other traffic infractions, a DUI could mean points being added onto your driver’s license. Most states have a points system in place for driving offenses, and once a driver receives too many points on their license due to traffic violations, they may face penalties, including the suspension of their driving privileges. Having too many points on your license can also affect your insurance premium costs and other vehicle-related expenses.

Lifelong Labeling

In most cases, a DUI conviction will also mean that you will have to have a special mark or notation placed on your driver’s license that denotes your prior DUI offense or offenses. This mark may be on the front or back of your license, and in virtually all cases, it will stay there for life. Having this label on your license is meant to identify you easily to law enforcement, but it may also bring great shame and embarrassment when you need to provide your license to others.

If You’ve Been Arrested

As a result of these harsh potential consequences, it’s important to protect yourself if you’ve been arrested and charged with a DUI, and one of the best ways to protect yourself in these cases is to partner with a criminal defense attorney. They are attorneys who specialize in DUI cases and will often have special knowledge as well as experience in investigating DUI-related arrests and criminal charges. Having this experience can mean the difference between being convicted and being found innocent. According to our car accident lawyer in Austin, a criminal defense attorney can examine all aspects of your case, including how your arrest was conducted, whether the testing equipment used against you was calibrated correctly and more.

Finally, it’s important to remember that you can avoid a DUI entirely simply by not drinking and driving. If you’re planning to go out and drink, always have a plan to get home safely. This may mean bringing along a designated driver, or it may mean using a taxi cab or public transportation. If you have been out drinking and you realize you’ve had too much to drive, call a friend or family member to come and pick you up. Whatever you do, don’t get behind the wheel. Remember, if you drink and drive, it may be the last time you drive your vehicle for a very long time.

The most effective method to have your case dismissed

Ways to get your case dismissed

You might be surprised to learn that not every defendant who is charged with a crime will end up in a trial or accepting a plea. Instead, some cases end up dismissed by either a court of law or the prosecution. One of the first steps that many criminal defense lawyers take is to determine whether there are any grounds on which a case can be dismissed. The following will review some of the most common grounds for obtaining a dismissal.

Lack of probable cause

To arrest an individual, law enforcement must have probable cause to believe that an individual committed a criminal offense. Law enforcement is prohibited from arresting an individual merely on a gut feeling. If you are able to establish that the prosecution does not have a sufficient amount of evidence to suggest that probable cause existed to arrest you, it is possible to obtain a dismissal of your charges.

Errors in criminal complaints

As part of writing a criminal complaint, a law enforcement officer is required to sign the document under oath and attest that the contents of the document are truthful. If a complaint is improperly written and submitted to the court, the prosecution might be required to dismiss the complaint that is initiated against you.

Illegal searches or seizures

Law enforcement is permitted to stop a vehicle or person only under certain conditions. If a law enforcement randomly stops a vehicle without sufficient cause, the stop will subsequently be classified as illegal because it violates the driver’s constitutional rights. In regards to searches, law enforcement can only perform a search if they have a lawful search warrant or an exception to the search warrant requirement applies. If law enforcement does not satisfy these requirements, any evidence that is seized from a search is likely to be classified as unconstitutional and can not be admitted in a court of law. If either a search or seizure was unlawful, a person will likely be able to obtain a dismissal of the case.

Insufficient evidence

If a person is arrested and faces pending criminal charges, the prosecution must establish that there was probable cause to believe that a person committed a crime. Similar to arrests, the evidence must show law enforcement’s basis for believing that a person committed a crime. If there is a lack of sufficient evidence to support the prosecution’s charges against a person, it is often possible to obtain a dismissal because there is not enough cause to move forward in the case.

Contact an experienced criminal defense lawyer

A criminal defense lawyer has the ability to evaluate a criminal case as well as the various available evidence to determine your available strategies to obtain a dismissal. At the Betty Blackwell-Austin Criminal Defense, we have helped a number of people successfully have their cases dismissed. 

How an appeal in a criminal case is filed

There is a tendency in the United States court system to uphold decisions made by lower courts. As a result, for an appellate court to hear an appeal, a person must demonstrate that there were errors made at the trial level. The error also must be material or substantial in nature. “Harmless” errors that have not had a substantial impact on the outcome of a case are almost always unable to form the basis for a successful criminal appeal. You can create a strong criminal appeal with the assistance of an experienced criminal defense attorney. Continue reading to learn how to file an appeal in a criminal case.

COMMON BASIS FOR SUCCESSFUL CRIMINAL APPEALS

There are several common reasons for successful criminal appeals, which include:

Abuse of discretion. In some types of criminal cases, judges have a wide range of discretion. If an appellate court determines that a judge abused discretion in making a decision, this means that the ultimate ruling was either erroneous or arbitrary in nature.

Ineffective assistance of counsel. Ineffective assistance of counsel means that a person’s Sixth Amendment rights were violated. In deciding an ineffective assistance of counsel case, courts determine whether a lawyer’s conduct undermined the judicial process.

Insufficient weight of evidence. Appellate courts tend to not view how evidence was presented in court or review an argument. As a result, appellate courts are often not in the best situation to assess the weight of evidence. It is possible, however, for an appellate court to decide that a lower court improperly weighed evidence in arriving at a decision.

Plain error. Any defect or error that affects a person’s rights can represent a plain error. Some of these errors can represent the basis of a successful criminal appeal. One of the most common types of plain error is when a judge miscalculates sentences following a conviction.

HOW TO FILE AN APPEAL IN A CRIMINAL CASE SUCCESSFULLY

Some of the steps that are commonly involved in successful criminal appeals include:

• A person retains the services of an experienced criminal appeals attorney.
• Notice of the appeal is filed with the appropriate trial court.
• Records of the appeal are obtained. An experienced attorney will then perform a thorough review of all of the documents and transcripts associated with the appeal to identify any potential legal errors.
• The appeal attorney prepares and files the appropriate brief. The brief will include details about what occurred in a person’s case as well as present arguments supporting a person’s appeal. The outcome of a large number of appeals relies on the details of a brief.
• You and an experienced lawyer will argue in front of the judges who will decide the outcome of your appeal. During the appeal, a person often will have the option to appear. During this time, judges will listen to each side’s argument, consider the merits of each argument, and issue a written decision that provides either an affirmation or reversal of a conviction.

SPEAK WITH AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY

It can be challenging to make a successful criminal appeal, but the assistance of an experienced criminal defense attorney can help greatly.