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Criminal Defense Los Angeles: Penal Code 654 and the prohibition against double jeopardy (Kellet)
Often a situation arises when a driver is pulled over and is cited or arrested for a crime. Later, law enforcement realized that the driver was guilty of another crime. At that point, law enforcement will attempt to make sure that all crimes the driver (defendant) is guilty of are on the same complaint. Sometimes, by the time the prosecution realizes that the defendant is guilty of additional crimes, he or she has already pleaded guilty to that first charged crime. In an event like that, the prosecution should be prohibited because of a due process violation. The Supreme Court in People v. Kellett ruled just the same barring prosecution for a “felon in possession of a gun” after Elmer […]