Summary
Double jeopardy prevents being tried twice for the same offense after acquittal, conviction, or certain dismissals. If a dismissal is reversed on appeal for abuse of discretion, retrial may be possible. Breaking a lease in California can lead to financial consequences unless justified by habitability issues like pest problems. Landlords must ensure a livable environment, and unresolved pest issues can be grounds for lease termination.Full Conversation
what is a double jeopardy doctrine? Can you be still be tried if your case was dismissed but court of appeals reversed the dismissal for abuse of discretion by the lower court
Hey ****! The Double Jeopardy Clause, under the Fifth Amendment, protects against being tried twice for the same offense. However, if a dismissal is reversed on appeal due to abuse of discretion, it might allow for a retrial. Specifics can vary, so consulting a local attorney would be wise.
when does double jeopardy can be applied, indictment, dismissal, conviction
Hey ****! Double jeopardy can apply in the following situations:
- After Acquittal: Once acquitted, you can't be tried again for the same offense.
- After Conviction: You can't be tried again for the same crime after a conviction.
- After Certain Dismissals: If the case is dismissed after jeopardy attaches (usually after jury sworn in), it may prevent retrial.
Each scenario can have exceptions, so consulting with a local attorney would be beneficial for specific cases. Let me know if you have more questions!
what happens if i dont finish my lease contract for an apartment and i need to vacate
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If you break your lease early in California, you might face the following consequences:
- You may be responsible for paying rent until the lease ends or until the landlord finds a new tenant.
- The landlord might keep your security deposit.
- You could be sued for breach of contract.
Do you have specific circumstances for vacating your apartment?
land lord is ignoring my complaints with pest problem
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Hey ****! If your landlord isn't addressing pest issues, you can take the following steps:
- Notify your landlord in writing about the pest problem.
- Check your lease for any clauses about pest control.
- If unresolved, you may report to local housing authorities or seek legal advice.
Do you have any specific questions or concerns about this issue?
is pest problem a grounds for breach of contract lease even not included or no clause in contract
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In California, a pest problem can potentially justify breaking a lease if it affects habitability. Here’s how it works:
- Leases often include an implied warranty of habitability.
- Landlords must provide a livable environment, which includes pest control.
- If this warranty is breached, it may allow tenants to break the lease.
Have you documented the pest issue and communicated it to your landlord?
TRY ME!
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