What Is Double Jeopardy in Florida?

If you’ve seen the 1999 movie Double Jeopardy, you might remember Ashley Judd’s character believing she could kill her husband without facing legal consequences because she had already been convicted of his murder. While the movie makes for thrilling entertainment, its portrayal of double jeopardy doesn’t hold up under legal scrutiny. The Double Jeopardy Clause of the Fifth Amendment protects against being prosecuted or punished twice for the same offense—but it doesn’t allow new crimes to go unpunished.

In Florida, double jeopardy is a powerful legal protection, but it comes with specific rules and exceptions. This blog will explain what double jeopardy really means, how it applies under Florida law, and when it might not apply. Let’s separate Hollywood fiction from real-world law and uncover what double jeopardy is all about.  

What Is Double Jeopardy?  

Double jeopardy is a constitutional safeguard that prohibits the government from prosecuting or punishing an individual multiple times for the same offense. This protection is provided under the Fifth Amendment of the U.S. Constitution and is mirrored in Article I, Section 9 of the Florida Constitution.  

In essence, double jeopardy prevents the following:  

• Retrial after acquittal: If you’re found not guilty of a crime, you can’t be prosecuted for it again.
• Retrial after conviction: If you’re convicted, the government can’t try you again for the same offense.
• Multiple punishments: You can’t receive more than one punishment for the same crime.

These protections are designed to ensure fairness and prevent abuse of power by the government.  

How Double Jeopardy Is Applied in Florida  

In Florida, double jeopardy applies specifically to criminal cases. Under Section 775.021(4) of the Florida Statutes, offenses are considered separate if each requires proof of an element that the other does not. However, exceptions apply when:

• The offenses require identical elements of proof.
• The offenses are different degrees of the same crime under Florida law.
• One offense is a lesser-included offense of the other.

Florida courts often use the "Blockburger test," a legal standard established in Blockburger v. United States, to determine whether double jeopardy applies. This test examines whether each offense requires proof of an additional fact that the other offense does not.

For example, if someone is charged with theft and burglary, the court will analyze whether each charge includes unique elements. If theft requires proof of taking property and burglary requires proof of unlawful entry, the two charges may proceed as separate offenses.

The Blockburger test helps courts ensure that a single criminal act is not unfairly punished multiple times while allowing distinct crimes arising from the same incident to be prosecuted.

If you believe double jeopardy protections apply to your case, the next step is to assert your defense in court. Pre-trial motions play a significant role in this process. If your case meets the criteria, your West Palm Beach criminal attorney can file a motion to dismiss the charges before trial, potentially saving you from further prosecution.

When Double Jeopardy Doesn’t Apply 

Double jeopardy protections don’t cover every scenario. In Florida, additional charges or trials may proceed under these circumstances:

• Separate Sovereigns Doctrine: State and federal courts are independent jurisdictions, so both can prosecute the same conduct. For example, a drug offense could lead to state and federal charges without violating double jeopardy.
• Mistrials: A mistrial caused by a hung jury or procedural error doesn’t bar prosecutors from retrying the case. Because no valid verdict was reached, retrying the case doesn’t violate double jeopardy.
• Appeals and Retrials: If your conviction is overturned on appeal, double jeopardy won’t prevent the case from being retried unless the reversal is due to insufficient evidence.
• Administrative Penalties: Losing your driver’s license after a DUI is considered a separate administrative action and does not violate double jeopardy protections.

Double Jeopardy in Plea Deals

When facing charges, plea negotiations can involve weighing the risks of multiple convictions. For example, if the prosecution offers a plea deal for one charge, accepting it might prevent them from pursuing additional overlapping charges related to the same incident. Understanding the implications of double jeopardy in this context can significantly impact your defense strategy and the outcome of your case.  

Double jeopardy laws provide an essential safeguard against being tried or punished multiple times for the same crime. However, these cases can be complex, especially when multiple charges or jurisdictions are involved. Understanding Florida’s legal system and your constitutional rights can help you make informed decisions about your situation.  

Fight Back Against Unlawful Prosecution  

Have you been charged with a crime in Florida and feel like you’ve already faced legal consequences for the same incident? Maybe you’ve already paid fines, completed community service, or dealt with administrative penalties like losing your driver’s license. If so, you might wonder whether double jeopardy protections apply to your case.

Double jeopardy laws are designed to prevent being prosecuted or punished twice for the same offense. However, legal exceptions and overlapping charges can make it difficult to know if your rights are being violated.

West Palm Beach criminal lawyer Ronald S. Chapman has spent over three decades defending clients against unlawful prosecutions. He knows how to identify when double jeopardy protections apply and will work tirelessly to challenge charges that violate your rights. With Ron in your corner, you can focus on moving forward while he builds a strong defense for your case.

Don’t let the system jeopardize your future. Don’t waste your valuable time searching online for “criminal defense lawyers near me.” Call Ron Chapman today at (561) 832-4348 to schedule a confidential consultation. You can also fill out our confidential online form, and we’ll respond promptly. Protect your rights and your future—reach out now.  

Copyright © 2024. Ronald S. Chapman, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Ronald S. Chapman, P.A.
400 Clematis St., Suite 206
West Palm Beach, FL 33401
(561) 832-4348
https://justiceflorida.com/