Sheila cannot again be charged with attempted murder and escape from prison. This is because the case was entered into official proceedings and was heard before a judge. Now, if the charges had been dropped by the prosecutor before they got to official proceedings, i.e. before a judge, then Sheila could be brought up on those charges again once the prosecuting attorney felt he/she had enough evidence to take it to court. But because the case was held under official proceedings with the participation of a judge, then there is no going back. Sheila is a free woman! I rest my case.
of course she can be charged again, it’s a soap!
Double jeopardy, you can’t be tried for the same crime. Sheila hasn’t had a trial yet. An inquisition is what happened in the judge’s chambers. Sheila can be charged and go to trial.
I thought double jeopardy meant you cannot be convicted of the same crime twice.
It’s all about “official proceedings”. It’s one thing to get arrested and then have the charges dropped before it goes before a judge in a court official proceeding. But a judge ruling that a case is dismissed IS an official proceeding. This is also know as a “bench trial”. A bench trial is tried to a judge only—there’s no jury. And that is exactly what happened when the judge ruled on the case and dismissed the charges against Sheila forever.
But it’s not a trial when there’s no opposing lawyer, and nobody is put under oath, regardless of what the judge said.
She can be charged again if the witnesses were intimidated or the judge was paid off.
One of my favourite movies was double jeopardy….with Ashley Judd who I thought was beautiful…
In that movie she was convicted and jailed for killing her husband, but he framed her for his murder and he went somewhere else…and in the end of the movie she was going to kill him again….lol…and he said to her you will go to prison and the guy she was with said she already has been convicted and jailed for killing you so she can’t be tried twice…
There is no double jeopardy. Sheila wasn’t found not guilty. The charges were dismissed due to lack of evidence. If ever there’s more evidence she can be charged and tried.
That was not a bench trial. If it were a bench trial, opposing lawyers would have been there. The only lawyer there was Sheila’s.
If it was a trial, Steffy and Finn would have been subpoenaed and forced to testify as hostile witnesses for the state.
There was no trial because Steffy and Finn refused to press charges.
The judge stated it was a preliminary hearing in preparation for the trial, not that he heard the case as a bench trial. The accused can have their case presented before a jury or a judge. Neither took place here.
If additional evidence is brought they can resent it and Sheila can be charged.
Shelia can not be tried for her charges because double jeopardy does apply. However if it is found our about the bribery, if they can not prove she knew, she would still go free and whoever bribed the judge will go to jail. All of depends on whether the judge dismissed with or without prejudice. Meaning did the judge say or not say charges could be brought again?
she did go before a judge the victims refused to testify
she for went a trial with a jury and was at the mercy of a judge
so yea i think it could apply
but once it comes out that the judge was bribed
steffy and finn could be charged with crimes as well including the crime of taylor shooting bill
I googled it because something just didn’t sound right.
“double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges following an acquittal or conviction”.
Sheila wasn’t acquitted or convicted of anything. The charges were simply dropped due to lack of evidence. At least that’s how I remember it. With that being said, if Steffy would stop trying to protect her grown mother and simply make a public statement, Sheila will have to stand trial and be convicted and Taylor will just have to deal with the consequences of her actions, like they made Thomas do by having him banned from his family company.
That event in the judges chamber was a pre-trial motion to determine if there was enough evidence to go to trial. Sheila can be recharged and hopefully sentenced to a very long prison sentence.
She can also be charged with attempted murder for what she did to Li.
And as a lesser charge, but still a felony, she could be charged with illegal possession of a weapon. There’s no way she had a permit for her gun and as a convicted felon she definitely can’t carry a gun in CA. And there’s no way anybody in that state would possibly have a permit for a pistol with a silencer anyway. That by itself would get her multiple years in prison.
I went back and looked it up. Here is what the judge said and I quote
“Since there was no further charges brought forward and both of you refused to testify, along with dropping your own charges, which I will notify the state about, I have no other choice but to release Ms. Carter. Case dismissed. That’s it for today.”
So Sheila was not acquitted of any charges because there were no charges filed against her.
The case was not dismissed without prejudice. It was dismissed because there were no charges filed .
If that would have been a bench trial, there would have been a prosecuting attorney whose job it would have been to prove beyond the shadow of a doubt, that Sheila was guilty of a double attempted murder. If he failed to do his job successfully then Sheila would have been acquitted but she was not tried. There was no trial. That’s why we didn’t see any police testimony. They would have presented all that type of testimony before they even called the victims to testify.
But we know Bell doesn’t follow California law or any other laws. So what happens to Sheila remains to be seen.
She can also be charged for escaping custody because no video evidence was presented. It was the judge’s word that she was ‘kidnapped’ or whatever lame script there was on that.
That sounds like a good movie.
There’s a lot more to it and of course Bell makes up his own rules and laws.
The excuse for escaping is that the guard forced her out but the convict didn’t bother to return.