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Is it true you can’t go to trial twice for murder?

CALIFORNIA: I got off a attempted murder charge because of lack of dna and other evidence but I heard they might try it again. Isn't it like the move double jeapordy and they can't do that?

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    Peter Goldscheider | Law Office of Peter F. Goldscheider
    438 Cambridge Ave. Suite 250
    Palo Alto, CA 94306
    (650) 323-8296
    It is only double jeopardy if a jury is sworn and then the case dismissed or it went to verdict. Otherwise a murder case can be refiled.
    Answer Applies to: California - Replied: 4/6/2013
    Steven Alpers | Steven Alpers
    39300 Civic Center Drive #110
    Fremont, CA 94538
    (510) 792-5110
    The only exception is if there was a hung jury. Is so they declared a mistrial and they could try the case based on new information.
    Answer Applies to: California - Replied: 2/26/2013
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