QUESTION
if someone is acquitted of the great charge can they be charged with lesser included in Florida
Asked on Feb 13th, 2013 on Criminal Law - Florida
More details to this question:
If a judge greats a acquittal of first degree felony murder and the felony the the person still be charged with an lesser included offenses even if he was never indicted on them
1 ANSWER
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If the lesser included offense is entirely within the charge for which the acquittal was entered, no further prosecution can occur as to the lesser offense.
That is because of the Constitutional protection against being tried twice (the Double Jeopardy clause).
The fact that he was never indicted as to the lesser offense does not change this prohibition.
Answered on Feb 14th, 2013 at 2:02 PM