Legal Video Library

Double Jeopardy Defined Under Georgia Law

• Double jeopardy protects individuals from being tried or punished more than once for the same offense.

• This right comes from the Fifth Amendment of the U.S. Constitution and is enforced in Georgia courts.

• Once jeopardy “attaches,” the State is limited in bringing the same charges again.

• Jeopardy typically attaches when a jury is sworn in or, in a bench trial, when the first witness is sworn.

What Double Jeopardy Prevents

• Being tried again after an acquittal, even if new evidence is discovered.

• Being punished multiple times for the same criminal act under the same statute.

• The prosecution repeatedly retrying a case simply because it dislikes the outcome.

When Double Jeopardy Does NOT Apply

• A hung jury results in a mistrial, allowing the State to retry the case.

• A conviction overturned on appeal may be retried unless reversed due to insufficient evidence.

• Separate charges under different statutes may proceed if each requires proof of a different element.

• State and federal charges may both be filed under the dual sovereignty doctrine.

How Courts Decide Double Jeopardy Issues

• Judges apply the “same elements” test to determine whether two charges are legally the same offense.

• Courts analyze whether each charge requires proof of a fact the other does not.

• If one offense is a lesser-included offense of another, double jeopardy may bar additional punishment.

• Defense attorneys raise the issue through a motion to dismiss or motion in bar.

Why This Matters

• Double jeopardy protects defendants from government overreach and harassment.

• It ensures finality in criminal cases and prevents unfair multiple punishments.

• Raising a double jeopardy claim early can result in dismissed charges or reduced sentencing exposure.

• Proper legal analysis is critical, misapplied charges can violate constitutional rights.