Honestly I'm confused about the whole Double Jeopardy thing with regards to plea agreements. I'll admit I may have spoke out of turn on that. It's actually something I've this thread has made me do further research because I think it is an interesting question. Especially @HewittAve inquiry about the murder plea to manslaughter. I genuinely am not sure of the answer to that.Ok, thanks for the clarification, but that's different from what you stated earlier. You said a trial and acquittal need to be had in order for double-jeopardy to apply, that's not necessarily the case.
Also, I tried clicking the link multiple times and it gave me a run-time error. Double Jeopardy wouldn't apply in NP because the state never pursued the case beyond the original complaint handed to them by the Police Department.
Had the prosecution went forward and had he been indicted on that top charge (which would have included lesser charges) then Double Jeopardy would have applied. Can you link a copy of the indictment? I am unable to find one online.
Also, if it's not a lesser charge but (in your words) a "separate charge"...isn't the separate charge by definition not as severe as the rape charge? So how is it not a lesser charge if it emanates from the same complaint?
I believe the run time error is because thecoli tried to shorten the link with the ellipses. The top post in this reddit thread has it. Click on the link that says "real case"
It took a while for it to load for me and a couple refreshes but it's there.
As far as the lesser charge. I think of lesser charge when they stack charges on the same case. For example they charge you for assault and aggravated assault if you point a gun at somebody. Then a plea they might agree to drop the aggravated assault charge and just charge you with assault which is the lesser one. But I'll admit I'm not well versed on this.