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Is it double jeopardy when you have been arrested once for DV & then a order is...

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uniqueldy | eNotes Newbie

Posted June 12, 2009 at 5:25 PM via web

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Is it double jeopardy when you have been arrested once for DV & then a order is issued for your arrest again for the same case?

DV battery arrest end of April, given no contact order & released on ROR. Violated no contact order next day several times, it is reported capias issued but cancelled 3 days later but no arrest. Violated no contact order mid May & arrested in the home. Given $50,000.00 bond for violating no contact order & witness tampering, (argue with wife about battery) & bonded out 2 days later. Out of blue 'without' new battery order issued for arrest. Sheriff came to home looking for him, I told last know hotel but I checked & he is no longer there. His Attorney faxed motion to withdraw capias 3 days ago & filed same the next day. No answer on motion & sheriff has not arrested/found him. No love lost but there has not been new battery how can they order arrest for same case # for battery?

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drgingerbear | College Teacher | (Level 2) Adjunct Educator

Posted June 13, 2009 at 5:46 AM (Answer #1)

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Note: This is NOT legal advice

Double Jeopardy is defined by the Fifth Amendment to the U.S. Constitution as the prohibition of a person to be tried in a state or federal court for the same crime on more than one occasion. This includes imposing more than one punishment for a single offense.

Note: Not ALL types of legal proceedings are subject to the Double Jeopardy clause. If the incident or proceeding does not "place an individual in jeopardy" (regarding "life or limb"), then subsequent proceedings against the same individual for the same conduct are not prohibited.

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