Could Smith split the pile of stolen files in half and simply pursue charges on half the files?
Only if the cases are separate criminal acts. If I murder someone in Philadelphia and six months later, I murder someone else in Pittsburgh, the DA can prosecute me for one of the two murders and keep the other case in his back pocket in case something goes wrong to ensure that I stay in jail.
But let’s say I only killed one person. On a typical murder charge, there’s usually a small list of felonies (Murder, assault, illegal weapon possession, civil rights violations, etc. etc. etc.). The DA can’t bring a weak case against me for murder, then decide to try again and charge me for a weapons violation in order to keep me in jail, and then an assault charge if that fails too, etc. That is essentially an end-run around double jeopardy and is explicitly forbidden. If it weren’t, the double jeopardy protections of the 5th amendment would cease to exist as the lawyer could just divvy up the charges among an endless stream of cases until something finally sticks.
Only if the cases are separate criminal acts. If I murder someone in Philadelphia and six months later, I murder someone else in Pittsburgh, the DA can prosecute me for one of the two murders and keep the other case in his back pocket in case something goes wrong to ensure that I stay in jail.
But let’s say I only killed one person. On a typical murder charge, there’s usually a small list of felonies (Murder, assault, illegal weapon possession, civil rights violations, etc. etc. etc.). The DA can’t bring a weak case against me for murder, then decide to try again and charge me for a weapons violation in order to keep me in jail, and then an assault charge if that fails too, etc. That is essentially an end-run around double jeopardy and is explicitly forbidden. If it weren’t, the double jeopardy protections of the 5th amendment would cease to exist as the lawyer could just divvy up the charges among an endless stream of cases until something finally sticks.