What constitutes double jeopardy in municipal court?
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What constitutes double jeopardy in municipal court?
I had a traffic ticket for improper turn signal. I appeared in court and spoke to the judge. The judge and I decided to have me spend the weekend in jail. I went to turn myself as discussed. When I arrived in booking I was turned away because the court did not communicate with booking about me turning myself in. The courthouse is trying to reschedule me to do my time. Is this legal? I did my part and made sure the booking clerk documented that I came on the date to turn myself in.
Asked on March 2, 2017 under Criminal Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
This situation is not double jeopardy.
Double jeopardy means being tried twice for the same crime. If any elements of the crime vary, it is not double jeopardy. Double jeopardy does not apply where there are separate sovereignties (state and federal) bringing the same charges.
In your case, there is no double jeopardy because the court is merely rescheduling the weekend you are to be in jail.
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