Drug Crimes, Substance Abuse My Wife Is Going Through Trial

[eazy87]

My Wife Went To Court In November Trial For Two Charges Of Distribution. They Empaneled 4 Jurors And Then They Dismissed The Charge, And Said They Were Making A New Bill Of Information With No New Evidence, No New Witnesses, Only New Bill. Bond Remained. Now They Are Trying To Charge Her Again. Same Crime. Is This Double Jeopardy? Help Me Please.

 

[mightymoose]

No it is not double jeopardy. The first trial never actually occurred.

 

[eazy87]

But we empanaled jury. The definition says it can not be dismissed n brought up after we enpanel jurors

 

[eazy87]

It waS her first offense

 

[army judge]

The jury may have been empaneled, but the trial was never held.

She was never convicted.

So, DJ doesn't apply.

 

[mightymoose]

Takes 12 anyway. They stopped before the jury was empaneled.