In Virginia, double jeopardy protects you from being tried twice for the same crime. Once you’ve been charged and a verdict is given—whether guilty or not guilty—that’s the end of it.
It means the state can’t bring you back to court for the same crime, even if they didn’t like the outcome.
It’s like a shield, ensuring that justice is fair and you don’t face the same trial over and over.
What is meant by Double Jeopardy?
Double jeopardy means you can’t be tried again for the same crime after being found not guilty. Let’s say someone goes to court. The trial happens. The judge or jury says, “Not guilty.” That’s it. It’s over. Even if new evidence comes up later—still no second trial. Same charge, same facts? Can’t happen.
This rule is in the U.S. Constitution. The Fifth Amendment. And yes, it applies in Virginia too. It protects people. Stops the government from going after someone again and again for the same thing. They could keep trying until they win. That’s not fair. Double jeopardy keeps the system fair. One trial. One chance. After that, it’s done.
Acquittal and Retrial
If someone is found not guilty, that’s called an acquittal. In Virginia, once that happens, the case is closed. They can’t be tried again for the same crime, and the state can’t appeal or retry.
Exceptions and Considerations
Sometimes, things can go wrong in the trial, like a mistrial or a big mistake. In that case, a retrial might happen. Also, if the new charge is not the same as the first one, the person might be tried again. So yes, the rule protects people, but not in every situation.
If you need legal support, don’t hesitate to reach out to Miles Franklin Law — we’re here to help you.