MasterPaladin is correct. The Constitution says that a person can't be put on trial for the same specific offense - that is, the very same murder or robbery, for example. A "trial" is understood to be a legal proceeding that results in a verdict. If charges are dropped or dismissed, or if a trial ends in a mistrial, then the defendant can be charged again for the same crime.isabeau said:are you sure? i heard if they release him after charging him with murder one..upon another arrest, they cannot charge him with the same again..and yes i know you are a retired NYPD lol..
The rule of thumb is, once a jury says guilty/not guilty, that's the end of it (except for appeals, of course). However if no verdict is ever rendered then the charges are legally undecided.
The main exception to this is if a judge dismisses a case "with prejudice." That means that the judge has found the prosecution's case to be so poor that he or she doesn't believe it should be granted another chance. Charges that are dismissed with prejudice cannot be re-filed.