From: To: Cc: Subject: RE: Follow up Date: Fri, 21 Mar 2008 19:15:19 +0000 Importance: Normal Hi Here is the info that I have. Jeopardy attaches at the start of the presentation of evidence at trial, so a s ou not be an issue. The bigger problem is the statute of limitations. A defendant can waive his right to challenge the statute under Florida law, but I don't think that Epstein will be willing to do so. At this point he also could demand a speedy trial. Once he has done so, if the trial is not held very quickly, he can move for "discharge." Once "discharged," Epstein cannot be prosecuted on the crime charged or any other crimes that could have been charged as a result of the same conduct or criminal episode. The State cannot avoid this bar by filing a "Nolle Prosequi" and then trying to re-file the same or different charges based on the same conduct or criminal episode. Please let me know if you need anything else. From: Sent: Friday, March 21, 2008 11:51 AM To: Cc: Subject: RE: Follow up One more question - do you know when double jeopardy attaches under Florida law? More specifically, if the state charges were dropped now, could they be dropped without prejudice? From: Sent: Thursday, March 20, 2008 4:39 PM To: Cc: Subject: RE: Follow up Hi The state indictment is related to two girls. One of those girls is included in the federal indictment, the other is not. The state indictment charges solicitation of adult prostitution, it does not charge any child exploitation offense, despite the fact that, under Florida law, neither lack of knowledge of age nor affirmative misrepresentation of age by the victim is a defense. EFTA00013656