Full question:
Can I be convicted of possession of a gun even when someone else already pleaded guilty to the same gun? Isn't that double jeopardy? A cop stated that he saw my bare hand throw the gun out the window, but they have tested the gun for fingerprints and they did not find my prints at all. It is obvious that the cop is lying. I don't have any felonies, and yet they want to give me 3 years. I am probably going to file for Marsden motion since my lawyer is very incompetent. I am a union engineer, family man, and truly innocent!
- Category: Criminal
- Subcategory: Double Jeopardy
- Date:
- State: California
Answer:
The double jeopardy clause in the Fifth Amendment prohibits the government from prosecuting someone more than once for the same offense. This means you cannot be tried again for the same crime if you have already been acquitted or convicted. However, double jeopardy does not apply when multiple defendants are involved in the same crime. Each defendant can be prosecuted separately, even if they are charged with the same offense.
In your case, since someone else has pleaded guilty to the same gun, it does not prevent the government from prosecuting you for possession if they believe they have sufficient evidence against you. The police officer's observation of you throwing the gun out the window could be considered probable cause for your arrest, regardless of the fingerprint results.
Probable cause is the level of evidence needed to justify an arrest. It involves the facts known to the officer at the time of the arrest. Even if later evidence shows you are innocent, it does not invalidate the initial arrest if probable cause existed at that moment.
Consulting with an attorney who can review all the facts of your case is essential, especially if you feel your current lawyer is not competent. Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.