Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Definition: Constitutional protection that prevents a person from being tried twice for the same offense after acquittal or conviction. In Florida, this protection is guaranteed by both the U.S. Constitution (5th Amendment) and the Florida Constitution.
Category: Constitutional Rights · Statute: 5th Amendment, Article I Section 9 FL Constitution · Source: Florida Legislature
Florida Constitution, Article I, Section 9"No person shall... be twice put in jeopardy for the same offense."
When Does Jeopardy Attach?
- Jury trial — Jeopardy attaches when the jury is sworn
- Bench trial — Jeopardy attaches when the first witness is sworn
- Plea — Jeopardy attaches when the plea is accepted
Exceptions to Double Jeopardy
- Mistrial — If declared with the defendant's consent or due to manifest necessity, retrial is allowed
- Separate sovereigns — State and federal governments can prosecute the same conduct
- Different offenses — Same conduct can be charged under different statutes if elements differ