A friend of mine was accused of kidnapping and sexual assalt, the charges were dropped for lack of evidence, this was seven years ago and since then has moved on to another state.
When the accuser found out where he lives, that person went to the prosecuter "where my friend now lives" and told them that he was a sexual offender and wasn't registered. Alltho my friend had copies of the case, showing it had been dropped for lack of evidence, he was arrested and now sits in Jail waiting to go in front of another Judge. why is this ?
2006-09-12 22:28:07 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
While your story is sketchy, there may be a simple explanation:
1) not having been tried and acquitted, there is no double jeopardy
2) the double jeopardy rule only applies to a single sovereign. One can be prosecuted and convicted twice by, say, the federal courts AND a state court. California's constitution has a provision banning this, but other states do not. http://www.uniset.ca/naty/maternity/192P2d449.htm
3) an administrative decision not to prosecute is particularly susceptible to reversal, especially as new evidence arises (such as DNA), or a politically-motivated DA replaces a more pragmatic one.
4) the other issues -- statute of limitation (which may be deemed procedural and differ from one state to another) -- and jurisdiction (whether the alleged criminal conduct has sufficient connection with another state to be prosecuted there) are separate issues on which you haven't provided enough information. Likewise sex-offender registration laws differ by state.
5) lastly, the accuser might be lying.
2006-09-12 22:58:34 · answer #1 · answered by Anonymous · 3⤊ 0⤋
There must be a whole lot more to the story that you are not privy too, or did not share. Need a lot more info as to what the charges are now. This could be a extridition hearing to be sent back to be charged again. If the charges were in fact dropped then he would not need to be registered as sex offender. The fact the he is in jail now indicates that there is some reason to currently charge him with something. I doubt you friend would be arrested and jailed if they hadn't found that he should have been registered it takes just a few minutes to verify something like that.
If previous case was dropped and new evidence has come forward then your friend won't be facing double jeopardy for two reasons:
1. Since the case was "dropped" it didn't go to trial and as long as statutes of limitations have not been exceeded they can again bring charges.
2. If the crime is a crime in multiple jurisdiction they have the option of bringing charges in each of those jurisdictions. This is called dual sovereignty.
2006-09-12 22:44:40 · answer #2 · answered by deputeesteph33 3 · 0⤊ 0⤋
First of all, I don't believe you've provided all the info in your question. It is highly unlikely that a different state would refile criminal charges that was committed out of their jurisdiction, unless new evidence was presented and the accused had fled to avoid prosecution. Even then, it takes a legal procedure known as "extridition" to be tried in the state where the crime was committed. Here's what I think happened =
Your "friend" plea bargained to lesser charges in exchange for the more serious charges being dropped. (lack of evidence, or insufficient evidence doesn't necessarily mean there was none) Part of his plea bargain was to register as a sexual offender, and he failed to do so. Otherwise there would be no reason for him to be detained and tried in another state.
His accuser probably suspected just such a thing would occur, and made it a priorty to keep track of "your friend" and make sure he lived up to the agreement to register. It happens all the time.
2006-09-12 23:00:40 · answer #3 · answered by tee_nong_noy 3 · 0⤊ 0⤋
Get the records of the previous case and file it in the present court so that it will be dismissed due to double jeopardy which is a respected principle that no person must be tried for the same case.
2006-09-12 22:38:44 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Wow.... you want to bypass for finished custody, and also you want an lawyer! i will comprehend not with the flexibility to have the funds for one, yet call round. i do not learn about California, yet in my state there are some who will easily set up a fee plan. not many, yet they do exsist. it may't harm to ask. The courts have a tendency to side with the moms, so that you want to record each and every thing. Get all of it on paper, and function it waiting. in case you assert she is mendacity about her income, make it effortless to the decide/lawyer. sturdy success, and that i desire your son and step daughter are danger-free!
2016-11-26 20:56:28 · answer #5 · answered by mckuhen 4 · 0⤊ 0⤋
You need to search factual information, so click on link.
Index of Topics on Sex Offenders
http://www.prevent-abuse-now.com/sex_off.htm
2006-09-12 22:39:32 · answer #6 · answered by Excel 5 · 1⤊ 0⤋
law for one law for another
2006-09-12 22:40:10 · answer #7 · answered by Anonymous · 0⤊ 1⤋