New Jersey Double Jeopardy Defense

The constitutional protection of the double jeopardy clause prevents second prosecutions after there has been an acquittal or a conviction in an earlier trial.

Hence, this defense bars a second trial if either of two tests are met.

The first is that if the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or one, is, whether each provision requires proof of an additional fact which the other does not.

The second test to bar a second trial is that the same evidence which was used to establish the first offense will be used to establish the second offense.

The state must present in a single trial all the charges which could be brought based on the same conduct or arising from the same criminal episode.

Simply put, the state cannot try an individual more than once for the same offense.

If you have any questions for a NJ criminal defense lawyer about a New Jersey double jeopardy defense, please do not hesitate to contact us.