Are there any case examples of persons being indicted on drug conspiracies(double jeopardy) is it legal?
Give examples of cases. Looking for cases in West Virginia.
Answers:
There are a few. Double Jeopardy is specific to the exact incident. If you were convicted of the sale of Marijuana on 4/11/79, and are indicted for the same crime on a different date, it is NOT double jeopardy.
I suggest you look at this case:
Witte v. United States, 515 U.S. 389 (1995)
Conspiracy is a separate crime -- so double jeopardy does not apply.
And there are probably very many cases in WV -- both state and federal -- where people have been indicted on conspiracy charges -- just like in every other state.
Was there a particular legal issue related to your double jeopardy parenthetical that you were curious about.
Not sure what you mean by double jeopardy. The phrase usually refers to the legal maxim that you can't be tried twice for the same offense. Do you mean a series of drugs charges?
Lay out a few of the W5s, including charges - who what where when why and how much. That will make it easier to limit the search for cases, of which there are no doubt gazillions.
Double jeopardy means that soemone is chaged with a crime they have been found not guilty of. Charges that were dropped for lack of evidence or that were never taken to court do not create double jeopardy.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: