Under Sec. 7, Rule 117, when upgrading a charge after a plea, which condition(s) may allow a second prosecution without violating double jeopardy?

Under Sec. 7, Rule 117, when upgrading a charge after a plea, which condition(s) may allow a second prosecution without violating double jeopardy?

• A. Graver offense developed due to same act only
• B. Facts constituting the graver charge became known after plea only
• C. Both A and B
• D. Either A or B

Answer: (D)

Upgrading a charge after a plea is permitted when the later, graver offense is justified by the facts. Under Sec. 7, Rule 117, this can happen in two ways: if the graver offense is developed from the same act, or if the facts constituting the graver charge become known only after the plea. In either scenario, the second prosecution for the graver offense does not violate double jeopardy because it rests on a different degree or on newly discovered facts that support a more serious offense. So, either condition alone can justify the upgrade.

Upgrading a charge after a plea is permitted when the later, graver offense is justified by the facts. Under Sec. 7, Rule 117, this can happen in two ways: if the graver offense is developed from the same act, or if the facts constituting the graver charge become known only after the plea. In either scenario, the second prosecution for the graver offense does not violate double jeopardy because it rests on a different degree or on newly discovered facts that support a more serious offense.

So, either condition alone can justify the upgrade.