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Yes, double jeopardy only applies if a criminal trial concluded with an acquittal. In that case the defendant can't be charged a second time. But with cases that basically didn't conclude either way, non-convictions that are also non-acquittals, such as mistrials, vacated convictions, cases thrown out for procedural reasons, etc., the government is free to bring the charges again, on the theory that the first "jeopardy" hasn't really concluded properly, with either an acquittal or a conviction. For example, a case that ends in a hung jury can be re-tried with a new jury; a case thrown out for improper venue can be re-charged in proper venue; a conviction thrown out for ineffective assistance of counsel can be re-tried with better counsel; etc.



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