Controlled Substances - Forfeitures - Property Used in Drug Trafficking - Proceeds - Determination - Findings of Fact - Necessity. A party having standing to claim an ownership or possessory interest in property seized by the State pursuant to RCW 69.50.505(a)(7) but who admits to having no good faith argument to contest forfeiture of the property, effectively concedes that the forfeited property was the proceeds of illegal drug trafficking. Controlled Substances - Forfeitures - Property Used in Drug Trafficking - Proceeds - Concession by Owner or Possessor - Lack of Good Faith Argument To Contest. Jeopardy does not attach upon the civil forfeiture of the proceeds of illegal drug transactions within the meaning of RCW 69.50.505(a)(7). Criminal Law - Former Jeopardy - Multiple Punishments - Civil Forfeiture of Proceeds of Drug Crimes. Traceable to a criminal violation is not punishment for purposes of the double jeopardy clause. The civil forfeiture of property acquired through proceeds Criminal Law - Former Jeopardy - Multiple Punishments - What Constitutes - Forfeiture - Proceeds of Criminal Act. The double jeopardy clause is not implicated on the basis of multiple punishments for the same offense unless the alleged punishments are constitutional punishments. Criminal Law - Former Jeopardy - Multiple Punishments - Constitutional Punishment - Necessity. We've all heard the phrase "double jeopardy" on TV or in movies, but what does it mean, legally? In real criminal law cases, double jeopardy isn't a make-or-break moment in a game show.128 Wn.2d 262, STATE v. The rule saves more than a person's wager or place in gameshow history. The protection against double jeopardy keeps criminal defendants from facing prosecution more than once for the same offense (with a few exceptions). Once jeopardy attaches and a criminal case begins, this protection can prevent lives from being consumed by legal proceedings. It can also save governments time and money.īelow you will find more information on the double jeopardy rule and its application in criminal law. ![]() For more specific legal advice, always contact a criminal defense attorney. It states no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." Constitution's Fifth Amendment contains the Double Jeopardy Clause. Most state constitutions similarly protect individuals from retrial for the same crime. For criminal defendants, this is a crucial constitutional right. It generally applies regardless of the severity of the alleged crime. What Are Examples of Double Jeopardy?įor example, suppose that local prosecutors charge Joshua for burglary, and the case proceeds to trial by jury. If the jury returns an acquittal, even if the prosecution disagrees with the result, the protection from double jeopardy stops them from re-trying Joshua for the same criminal offense. Someone else, like an accomplice, could still be charged and tried for the offense, however.Īre there exceptions to this rule? The short answer is yes, but only under limited conditions. The text of the Fifth Amendment refers to being placed twice in jeopardy of "life or limb." The law is not applied so literally. ![]() The Supreme Court says the principle provides protections against the retrial for all kinds of felonies, misdemeanors and juvenile delinquency adjudications. The potential punishment does not matter. There are limits to double jeopardy to keep in mind. First, if a defendant was never previously in legal "jeopardy," then subsequent prosecution is not prohibited. Generally, jeopardy attaches in a case when a jury is seated and sworn in. ![]() If prosecutors take certain actions before jeopardy begins, or attaches, such as dismissing the indictment, the rule will not prevent them from later trying the same person for the same offense. Essentially, this allows the prosecution to direct a thorough investigation and adequately prepare for trial. Once an individual has been placed in legal jeopardy and the jeopardy has ended, the government cannot continue to pursue a prosecution against the person for the same crime, because this would violate the rule against double jeopardy. ![]() Jeopardy will always end after a jury's verdict of acquittal.
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