Double Jeopardy

According to the legal definition, double jeopardy is the provision that prevent individuals from being tried in a court of law for the same crime more than once, based on the same set of evidence. If a person believes that this is occurring, they may enter in a plea of "autrefois acquit" or "autrefois convict", which will go before the judge for ruling. If the plea is substantiated, it will prevent the trial from proceeding.

Though American law allows for defendants to represent themselves "pro se", or without the help of an attorney, this is not advisable when confronted with a double jeopardy scenario. Because legal professionals are well-versed in this subject matter, you should consult with one regarding your individual case. To learn more about double jeopardy and your rights as an accused individual, contact Austin criminal defense lawyer Ian Inglis by calling (512) 472-1950.

Understanding Double Jeopardy

The double jeopardy principle has three basic provisions, including:

  • Being tried in a court of law for the same crime after you have been acquitted of that crime
  • Holding a retrial after a conviction (unless it has been reversed, vacated or otherwise nullified)
  • Being punished multiple times for the same crime

Double jeopardy stems from the Fifth Amendment to the U.S. Constitution, which says that an individual "shall not be subject for the same offense to be twice put in jeopardy of life or limb", hence the terminology. However, there are certain exceptions and limitations to the rule that an experienced defense attorney can explain. To help ensure you are being treated fairly under the law and all of your rights are being protected, contact a lawyer today to discuss your situation.

Contact Us

If you have been accused of a criminal offense or are facing a double jeopardy scenario, contact Austin criminal defense attorney Ian Inglis at (512) 472-1950 for the experienced legal counsel you deserve.


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