{"id":352405,"date":"2023-11-03T15:41:43","date_gmt":"2023-11-03T20:41:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/when-double-jeopardy-protection-applies.html"},"modified":"2026-06-02T11:29:59","modified_gmt":"2026-06-02T16:29:59","slug":"when-double-jeopardy-protection-applies","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/when-double-jeopardy-protection-applies.html","title":{"rendered":"When Double Jeopardy Protection Applies (and When It Doesn’t)"},"content":{"rendered":"\n
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When Double Jeopardy Protection Applies (and When It Doesn't)<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Double jeopardy<\/span> protection<\/span> prevents the government from prosecuting someone twice for the same criminal offense. This constitutional right<\/span>, found in the Fifth Amendment<\/span>, “attaches” when jeopardy begins, typically when a jury is sworn in or the first witness testifies in a bench trial<\/span>. Exceptions include mistrials<\/span> declared for manifest necessity, hung juries<\/span>, and prosecutions by separate sovereigns,<\/span> such as state and federal governments<\/span>.<\/p>\n\n <\/div>\n\n\n\n

The Fifth Amendment<\/span> to the United States Constitution<\/span> contains the Double Jeopardy<\/span> Clause<\/span>, which prevents\u00a0criminal defendants<\/span>\u00a0from being\u00a0prosecuted multiple times for a single offense. Double jeopardy<\/span> protections<\/span> apply once “jeopardy” attaches, which means the risk of conviction and punishment has begun.<\/p>\n

Double jeopardy<\/span><\/a> ranks among the most important constitutional rights<\/span> criminal defendants<\/span> possess. Understanding when jeopardy attaches (and when it doesn\u2019t) is crucial to someone facing criminal charges<\/span>.<\/p>\n

This article explains how double jeopardy<\/span> works and when it applies in a criminal case<\/span>. We will also discuss when double jeopardy<\/span> protections<\/span><\/a> don\u2019t apply.<\/p>\n

If you or a loved one is facing serious criminal charges<\/span>, consider speaking with a criminal defense attorney<\/span><\/a> near you for legal advice. A skilled defense lawyer can determine if double jeopardy<\/span> protections<\/span> apply to your criminal case<\/span> and help build a strong legal defense.<\/p>\n

The Double Jeopardy<\/span> Rule<\/span><\/h2>\n

The\u00a0Double Jeopardy<\/span> Clause<\/span><\/a>\u00a0is part of the\u00a0Fifth Amendment<\/span>\u00a0to the\u00a0U.S. Constitution<\/span>. It protects criminal defendants<\/span> from being tried for the same crime more than once. The double jeopardy<\/span> protection<\/span> applies in both\u00a0state and federal courts<\/span><\/a>.<\/p>\n

The protections afforded by the\u00a0double jeopardy<\/span> clause<\/span>\u00a0only extend to\u00a0criminal defendants<\/span><\/a>\u00a0who are \u201cin jeopardy of life<\/span> or limb.” Courts interpret this to mean any criminal proceeding<\/span> in which someone faces the possibility of conviction and punishment, including felonies, misdemeanors, and juvenile delinquency cases.<\/p>\n

When Does Jeopardy Attach?<\/h2>\n

It\u2019s important to be aware of when jeopardy \u201cattaches,\u201d or goes into effect, during a trial. Jeopardy does not attach immediately upon arrest or when the prosecutor files criminal charges<\/span><\/a>. Instead, it attaches at specific stages of a trial.<\/p>\n

Jeopardy can attach at one of the following stages:<\/p>\n