A friend of mine was on probation in two cities, Leominster and Fitchburg mass. She was arrested in Leominster on a charge which was dismissed in court on her first appearance. Being that she was on probation she had to appear in Fitchburg because being arrested while on probation is a violation. She was told by her lawyer that in order to avoid being incarcerated she would have to plead guilty to the charge. Now, she is labeled a felon due to what we were told " thats's the law". Is this not double jeoprady?
2006-09-05 20:51:14 · 5 answers · asked by Isthisstillamerica? 1 in Politics & Government ➔ Law & Ethics
No one can be tried for the same offence twice, that is against ALL European and UK laws and Worldwide Conventions on Human Rights, she is either telling you something with the truth slightly bent, or there has been a genuine mistake, but her solicitor and barrister should be picking up on that one.
Sounds like the first one is for the offence and the second hearing is for breach of probation, that she should be pleading guilty to that rather than the offence for which she was arrested
2006-09-05 20:55:34 · answer #1 · answered by SunnyDays 5 · 1⤊ 1⤋
nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;
this is the part of the fifth amendment you are referring to and is she on death row or subject to being put on death row from the other court? if not it does not count as double jeopardy, that was meant entirely for capital crimes. Even if she was on death row you said the first court dismissed the charge which means she was not even tried for it and that definately is not double jeopardy. Sorry to spoil your night, but unless you have another legal question to help get her out of the predicament she is stuck. I would have taken my chances with not guilty, if she failed she probably would have gotten 60 days or there about in a county jail and been done with it. Probation violations, unless very serious, usually dont amount to much time.
2006-09-05 21:49:44 · answer #2 · answered by Wilkow Conservative 3 · 0⤊ 0⤋
No. Double jeopardy applies after a case has been tried. In criminal trials, that's usually when the jury is empaneled, or the first witness sworn in.
If the charge "was dismissed in court on her first appearance" then there was no first trial. And depending upon the details, that means the jeopardy may not have attached. Since there was no first jeopardy, the later trial is not double jeopardy.
The probation violation and the guilty plea are separate issues.
2006-09-05 20:53:56 · answer #3 · answered by coragryph 7 · 0⤊ 1⤋
particular interior the few states the place i understand the regulation in this, if there is drugs in a automobile, even though if on one guy or woman, everybody interior the motor vehicle might nicely be charged. additionally in some states, if a team of people are mutually in a park or public section and one has extra advantageous than a definite quantity of drugs, all of them might nicely be charged additionally. regulation books say he will do the time.
2016-11-25 00:02:11 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Two catch22s:
1. Sometimes charges are purposely dismissed because they know more evidence is coming later. So they dismiss it in order to charge you again later.
2. You can actually be tried in criminal court and found innocent then sued in civil court for the same thing.
2006-09-09 18:46:19 · answer #5 · answered by BeachBum 7 · 0⤊ 0⤋