Double jeopardy does not attach on dismissed charge. Defendant's most serious charge was dismissed in a plea on a lesser charge. Double jeopardy generally attaches on charges one pleads guilty to.
Defendant plead guilty to a charge aggravated criminal sexual abuse in a plea deal that meant dismissing a predatory criminal sexual assault of a child (720 ILCS 5/12-14.1(a)(1) ). Defendant changed his mind, the plea was vacated and the sexual assault charge was reinstated. Defendant lost the trial.
Double Jeopardy Does Not Attach on Dismissed Charge
He then wanted the conviction vacated based on a claim of double jeopardy on the predatory criminal sexual assault of a child count. However, jeopardy did not attach to the predatory charge at the time of the plea hearing because defendant did not enter a plea of guilty to that charge.
Double jeopardy does not attach on dismissed charge. It only attaches on charges one pleads guilty to.
Had defendant plead guilty the predatory then there would be double jeopardy issues. Jeopardy attaches when a guilty plea is accepted.
Double Jeopardy Attaches on Guilty Plea
Double jeopardy attaches on a guilty plea. However, it will not bar a subsequent prosecution of a charge to which a defendant's plea of guilty is accepted, if the plea proceeding is later terminated for a proper reason. However, if a plea proceeding is terminated improperly after jeopardy has already attached, a subsequent prosecution on the charge to which defendant originally plead guilty will be prohibited. This happens the same as if a jury or bench trial was terminated improperly.
The double jeopardy clause protects against three distinct abuses:
(1) a second prosecution for the same offense after acquittal
(2) a second prosecution for the same offense after conviction
(3) multiple punishments for the same offense.
“The cornerstone of the double jeopardy clause is ‘that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though
innocent he may be found guilty.'
In a jury trial, jeopardy attaches when the jury is impaneled and sworn. In a bench trial, jeopardy attaches when the first witness is sworn and the court begins to hear evidence. In a guilty plea proceeding, jeopardy attaches when the guilty plea is accepted by the trial court but only attaches to those offenses to which the defendant pleads guilty.