In April 2005 my boyfriend was arrested for violation of probation. At that time he was asked the usual questions do you have any drugs or weapons we should be aware of? He was honest he said yes I have about a dime sack of dope on me. He then of course was taken to the County Jail, he was booked for his warrant & now another charge for the drugs. He then went to court & sentenced to 365 days in County at that time they bonded him for $20.000 while he was in jail for the drugs found. He did his 365 days. In March 2006 we were pulled over while taking some friends home. We had a good idea that they were going to jail they both had warrants .My boyfriend has not been in any kind of
trouble doing very well. Much to our surprise he was arrested for a warrant. Found out it was for the possesion charge that they bonded him for. He was going to be recharged but Pub. Def. finally listened & researched it. They let him out early he did 220 days So now he has to do 90 more. UNFAIR!!!
2006-09-12 09:35:35 · 16 answers · asked by MoKelly 2 in Politics & Government ➔ Law Enforcement & Police
Double Jeopardy is when you are tried for the same crime twice
Like if you went to trial and was found not guilty.
then they try you again for the SAME crime in order to try to get a guilty verdict.
In this case your boyfriend is not being tried twice for the same crime. He is finishing the sentence he already got and he failed to finish his sentance (even if it was a jailhouse mistake)
2006-09-12 10:12:52 · answer #1 · answered by CG-23 Sailor 6 · 1⤊ 0⤋
First, you need to stop hanging out with scumbags and junkies. Second, they let your boyfriend out on bail. That is not the same as clearing the case. It sounds like a screw up on their part in so far as they should have transported him to court from jail so his case could be heard. Had he gone to court they would have added 90 days to his sentence but they let him go. He still has to answer for the drug charges so they issued a warrant to get him back. What else could they do? I'm sure if they called him and explained that they screwed up and he needed to come back to jail he was going to run right down. He should just consider his temporary release a gift and go back to do his 90 days. That will give you 90 days to find a guy that's not a dirt bag.
2006-09-12 09:50:25 · answer #2 · answered by Mike 3 · 1⤊ 0⤋
Double jeopardy is being charged twice for the same crime. Your boyfriend was not recharged, he was picked up for a violation of his sentence. If he was released early I would have his counsel make that argument to the court, the inmate does not control his release date. More importantly, it sounds like he is still making poor choices. In many states it is a violation of parole to be in the presence of other suspected criminals. The fact he was knowingly transporting two know wanted persons is not a good idea.
2006-09-12 09:46:58 · answer #3 · answered by AUSTIN B 1 · 1⤊ 0⤋
First off, sounds like you're hanging out with some serious idiots. Secondly, from the explaination you gave it sounds like he was first sentenced on the probation violation which is seperate from the drug charge. Do the crime, you do the time... the part that is "unfair" is to all the people that have to pay for him to be in jail.
2006-09-12 21:20:33 · answer #4 · answered by Anonymous · 1⤊ 1⤋
some topics the following. a million double jeopardy doesnt connect till the jury has been sworn in for the trial to initiate.(baseed on perfect court docket) 2. a misdemeanor and legal at the on the spot are not an same offense. each and every offense might want to have certain criteria the prosecution might want to ought to educate. searching on the circumstanbces of the crime they could have felt it would want to be effortless enought ot get a legal conviction in this actual crime so that they desirous to %. it up.
2016-11-26 20:08:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
double jeopardy only applies if he is tried for a crime, acquitted, and retried for the same crime. it sounds like he was sentenced the 365 days for parole violation, NOT the drugs. the 90 days is for the drugs, the 365/shortened to 220 was for the parole violation. you have to wonder why he had drugs on him if he was on probation-not a good idea.
don't do the crime if you can't to the time...
2006-09-12 09:40:38 · answer #6 · answered by forjj 5 · 6⤊ 0⤋
What suprises me, LEOGIRL, is that people sounds so high and mighty on here as if they have lived such perfect lives. Those in glass houses and all that. This is exactly what is wrong with the justice system to begin with. Until it is your son or daughter, or your boyfriend it's a "their" problem that you can so easily dismiss and judge with little or no insight let alone education on the matter. It's so sad and depressing that so many people on here replied the way they did to this question and I find it great validation for the phrase, "Ignorance is bliss." I can't answer on a legal standpoint but it certainly doesn't seem fair, it could very well be a paperwork error, happens all too frequently. Best of luck.
2006-09-12 15:10:20 · answer #7 · answered by cptv8ing 3 · 0⤊ 3⤋
this is not double jeopardy he did 365 days for the probation? did he show up in court for the drug charge ? i feel there is something your leaving out of your story.
2006-09-12 12:02:54 · answer #8 · answered by cuda 1 · 1⤊ 0⤋
I am amazed at the amount of people on here that freely and openly talk about their prison/jail/ run ins with the law, like its no big deal. You know entirely too much about that side of the road. Unfair? oh well.....you run with a criminal and there is always going to be trouble.
2006-09-12 09:42:01 · answer #9 · answered by Anonymous · 3⤊ 0⤋
The sentence for the drug violation and the VOP violation should have been concurrent but the judge made it consecutive. The jail made a mistake and released him early. I would fight this unless there is more to the story and hire a good lawyer regardless.
2006-09-12 09:41:02 · answer #10 · answered by Anonymous · 3⤊ 3⤋