A question on double jeopardy - how do you protect this person's right against double jeopardy? ?

Question

A traffic incident arising from the recklessness of the bus driver resulted to the death of the driver of another vehicle as well as to the serious damage to said vechicle. Preliminary investigation was conducted asgainst the bus driver on the damage to property. No notice was received by the driver regarding the preliminary investigation on the other case, but when the bus driver was arrested, he learned that he has 2 pending reckless cases in 2 different courts. Prior to the arraignment, the Public Prosecutor moved for the consolidation of the 2 cases which was granted.

Answer 1

Double jeopardy exists when  person is charged with an act for which he has already been charged and a decision has been issued, whether guilty nor innocent in a another case earlier filed against.  The charge must have to arise from one and the same act and the charge must have to be the same OR similar to the earlier decided one.  In this case, it appears that the elements of double jeopardy do not apply since first, the person has not been earlier charged with the same crime here he was found guilty or not and second, damage to property and homicide through reckless impudence are two separate and distinct charges.Consolidation of the charges on reckless imprudence does not violate his right against double jeopardy as there has been no earlier decision on the same charge/charges and consolidation is allowed by law to simplify proceedings.

Answer 2

um Double jeopardy means you cant be charged with the same thing twice. like if your bus driver was found not guilty of murder you couldn't try him again for the murder of the same person.

His two pending cases could have been 2 different things. Now if they are the same that is ok too because you can be charged with murder 1 and murder 2 at the same time for the same murder but only in the same court with the same jury.. they get to decide which one you are guilty of.. or neither.

Answer 3

You can't.  Just because they are the same crime, they arise out of different incidents.  In double jeopardy you can't be charged for the same crime from the same incident twice.  These are all different incidents.  Tell him to lawyer up.