DOUBLE JEOPARDY

To substantiate a claim of double jeopardy, the following must be proven:  

a. The first jeopardy must have attached prior to the second  
b. The first jeopardy must have been validly terminated  
c. The second jeopardy must be for the same offense, or the second offense includes or is necessarily included in the offense charged in the first information, or is an attempt to commit the same or is a frustration thereof 

WHEN DOES DOUBLE JEOPARDY ATTACH?

> In order that protection against double jeopardy may inure in favor of the accused, the following should be present:
a. A valid complaint or information 
b. A competent court 
c. The defendant pleaded to the charge 
d. The defendant was acquitted or convicted, or the case against him was dismissed or otherwise terminated without his express consent