How Illinois Plea Agreements Can Muddy Double Jeopardy Laws

 Posted on December 13, 2024 in Criminal Defense

Recently, the Illinois Supreme Court overturned a high-profile actor’s conviction, ruling he had been subjected to double jeopardy. The actor was originally charged with falsely reporting a hoax hate crime in 2019, subsequently entering into a non-prosecution agreement. Then, in 2022, he was sentenced to 150 days in jail and 30 months of probation after being found guilty of felony disorderly conduct by a special prosecutor.

The Illinois Supreme Court found that the case was subject to the double jeopardy clause and that the actor’s agreement with the State’s Attorney’s Office should have been honored. The Court further noted that re-filing charges after overturning non-prosecution agreements in criminal offense cases would result in "terrible policy consequences." The actor’s attorney praised the decision, saying the ruling upheld the responsibility of prosecutors across the nation to honor the agreements it makes with defendants.

The issue of double jeopardy resulting from the failure to honor plea agreements with prosecutors has recently been seen more often in Illinois. If you have been charged with a criminal offense, it is important that you speak to a knowledgeable Chicago, IL criminal defense attorney as soon as possible to ensure your rights are properly protected.

Are Double Jeopardy Protections Misinterpreted?

Those of us who have seen the movie "Double Jeopardy," probably have a view that is likely too simplistic of double jeopardy protections. A wife convicted of murder – and who had spent years in prison for the crime - discovered her husband staged his death. She then killed him, under the belief that under double jeopardy laws, she could not be retried for a crime she had already been convicted of.

This brings two issues into play: exactly what the "same offense" and "put in jeopardy of life or limb" actually mean under the Fifth Amendment. Being in jeopardy is generally accepted as being tried for a criminal offense, while the same offense is generally believed to be the offense being charged, as well as any lesser offenses. But is a court order the same as an acquittal? Is insufficient evidence on the part of the government that leads to charges being dropped or a plea deal for a lesser offense the same as an actual acquittal in court?

At first glance, it would appear that a defendant acquitted or under a plea deal for a lesser offense would not be free from being prosecuted for a greater offense. Yet failure to prove a lesser offense can be implied as a failure to prove a greater offense as well. Since more than 90 percent of criminal cases today are settled via plea deals, organizations like the ACLU and the Innocence Project stand behind the Illinois Supreme Court’s decision in the case of the actor detailed above.

The Importance of Criminal Defense Attorneys

An Ohio decision in Soto vs. Siefker reached the exact opposite decision as the Illinois Supreme Court, leading to admonishments by the ACLU and other organizations that such a ruling threatens individual liberty and the function of the criminal justice system. Ultimately, all these arguments and court decisions may come down to protecting citizens against government overreach. Those who have been charged with a criminal offense are often the same people who do not have the resources necessary to provide the most vigorous defense possible. Court-appointed defense attorneys are usually overburdened with cases and underpaid, which are issues that can hinder a vigorous defense.   

Contact a Cook County, IL Criminal Defense Lawyer

The issue of double jeopardy in a criminal case highlights the importance of highly skilled criminal defense lawyers. Having an experienced Chicago, IL criminal defense attorney as your advocate throughout the criminal justice process can help make a difference in the outcome. Attorney Luisi is in Chicago criminal courts on a daily basis. Over the past 16 years, he has developed a strong reputation as a skilled litigator. Contact Luisi Legal Group at 773-276-5541 today to schedule your free consultation.