Attorney Leslie Remus successfully argued a double jeopardy claim in the Nebraska Court of Appeals this week. Her client was convicted of Possession of a Controlled Substance, a Class IV Felony, and Possession of Drug Paraphernalia, an Infraction. Her client was originally sentenced to probation and a fine. When her client’s probation was revoked, he was re-sentenced to a term of incarceration
on the Possession of a Controlled Substance conviction and an additional 30 days incarceration on the Possession of Drug Paraphernalia conviction. Double jeopardy occurs when someone is punished twice for the same offense or when someone is charged twice for the same offense. Americans have a constitutional right to be free from double jeopardy. The Court of Appeals agreed that the second fine violated Leslie’s client’s “fundamental right” to be free from double jeopardy. Leslie’s successful argument resulted in her client’s sentence being overturned.