Double Jeopardy in Texas Law: What You Need to Know

Facing criminal charges in Texas can be overwhelming—and if you’ve already been tried or acquitted of a crime, the idea of being charged again for the same offense can be terrifying. Fortunately, both the U.S. Constitution and Texas law protect individuals from being prosecuted multiple times for the same offense under the principle known as double jeopardy.

What Is Double Jeopardy?

Double jeopardy is a legal doctrine rooted in the Fifth Amendment to the U.S. Constitution, which states: “No person shall… be subject for the same offense to be twice put in jeopardy of life or limb.” In simpler terms, once you’ve been acquitted or convicted of a crime, the government generally cannot try you again for the same crime.

Texas also includes double jeopardy protections in its own state constitution and criminal procedures, reinforcing the right of defendants to be free from repeated prosecutions for the same act.

What Protections Does Double Jeopardy Offer?

Double jeopardy in Texas protects individuals in three key ways:

1. No Second Prosecution After Acquittal
   If you are found not guilty, the state cannot retry you for the same offense—even if new evidence emerges after your acquittal.
2. No Second Prosecution After Conviction
   Once convicted and sentenced, you can’t be prosecuted again for that same offense, even if the state regrets the plea deal or outcome.
3. No Multiple Punishments for the Same Crime
   A person cannot receive multiple punishments for the same criminal conduct under the same statute in a single proceeding.

Are There Exceptions?

There are a few important exceptions and nuances to Texas double jeopardy law:

• Separate Sovereigns Doctrine
  You can be prosecuted by both the state and federal governments for the same conduct if it violates both state and federal laws. For example, a drug trafficking charge could result in state prosecution and a separate federal case.

• Different Charges for the Same Act
  If the second charge involves a different offense with different elements, a new trial may be allowed. Prosecutors may attempt to file new or enhanced charges based on the same facts—but this can be challenged by an experienced defense attorney.

• Mistrials and Appeals
  If a trial ends in a mistrial (e.g., due to a hung jury), or if a conviction is reversed on appeal (not based on lack of evidence), the state may retry the case.

Why It Matters

Double jeopardy is an essential safeguard against government overreach and prosecutorial abuse. Without it, the state could keep retrying defendants until they secure a conviction, creating an unfair and oppressive legal process.

If you’re facing new charges after already being prosecuted for a similar offense, you may have a valid double jeopardy defense. But asserting this right isn’t automatic—you need a skilled Texas criminal defense attorney to evaluate your case and file the appropriate legal motions.

Talk to a Fort Bend Defense Lawyer

At The Law Office of Ross Torres, we’re committed to protecting your constitutional rights and ensuring you don’t become a victim of unlawful double prosecution. If you believe double jeopardy may apply to your case, contact us today for a confidential consultation.

Your freedom is worth fighting for—get a defense attorney who fights back.