§ 135.470 Motion to dismiss accusatory instrument on grounds of former jeopardy

If you have already been prosecuted for a crime, the law says you cannot be tried again for that same crime. This rule lets you ask the court to throw out a new criminal case if you have already faced charges for the same offense before. This protection is often called "double jeopardy."

To use this rule, you file a motion asking the judge to dismiss the case. You need to show the judge that a previous prosecution covered the same charge, and the timing of your request follows the same rules used for asking a court to set aside an indictment. If the judge agrees with you, the case gets dismissed.

Once a judge dismisses a case for this reason, that decision protects you going forward. The state cannot bring the same charge against you again later. This gives you real, lasting protection instead of just a temporary pause in the case.