DocketX / Glossary / double jeopardy
Double jeopardy means you cannot be tried twice for the same crime after you have been acquitted or convicted.
It is a constitutional protection that bars the government from prosecuting a person again for the same offense once a final judgment of acquittal or conviction has been entered. In a case, it arises when the prosecution attempts to bring a second trial for the same conduct after the first trial ended with a verdict or a dismissal that amounts to an acquittal.
If you have already been found not guilty or guilty, this rule prevents the state from subjecting you to repeated trials, harassment, or the risk of multiple punishments for the same act. It gives finality to a verdict, so you can move on without fear of being prosecuted again for the same incident.
Many people think double jeopardy applies to any second prosecution, but it only blocks a second trial for the same offense after a final judgment—it does not prevent separate charges for different crimes arising from the same conduct, nor does it block a retrial after a mistrial or a successful appeal by the defendant.
Get the actual rule
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.