Someone is on parole for a previous violent felony and now gets hit with a gun possession charge. They own a business, mentors kids, part of the community etc. He has done all of this in 3 years of being home. He was evicted from apt - police say they found a gun in home. His parole officer did not violate him because he has never missed a day of report day and basically he knows he is a good guy however he put him on a 9 PM curfew. The p.o even extended curfew to 11 so he can go to college at night. Now the feds picked up the case because of his previous felony and due to all the gun crimes. It's the same case- nothing has't changed with regards to feds just picking it up as protocol to any felon who possess a gun. Will parole try to violate him for the feds picking it upor is it double jeopardy- how does this work? The federal judge is willing to release him on ROR pending parole's approval.
2007-07-10 09:37:12 · 5 answers · asked by Mya'sMommy♥ 3 in Politics & Government ➔ Law Enforcement & Police
It's funny because this man is going to be 33 and he committed two crimes at 16 and 19 - They were both charged as armed robberies although there was no gun and now his past has come to haunt him despite all the good he has done. For those negative people - 1. people do change 2. don't say nothing unless it's beneficial- Keep your negative thoughts to yourself!
2007-07-10 09:53:14 · update #1
There can't be double jeopardy on this case. Just as with any single crime or offense, he can't do time twice for one charge.
It get's a little complicated at times, however, because the state could hold him for the violation for months (which did not happend in this case) but not charge him with the crime. That time served would be for the violation. But then, (as in this case), since he was not charged and convicted for this offense by the state, the feds can jump in and charge and convict him. At that time, he becomes a ward of the feds until this case and sentence is absolved. If the state wants to be jerks, they can suspend his parole while he is under a different jurisdiction, and reinstate his parole after he is released from the feds. But most times they will wash it all away. But know this, that once he does get handed over to the feds, he will no longer have the same "cool" State P.O. he may get another "cool" P.O., but probably not. His case will be handed over to a state case manager who will decide to suspend his state parole or wipe out the remainder with time served. Very tricky because many states want their time served inside of their state.
Fed P.O.'s are much more strict than state P.O.'s. I have yet to know or hear about one that is "cool"
2007-07-10 10:09:32 · answer #1 · answered by Daddy-o 5 · 1⤊ 0⤋
His Parole Officer cannot violate him for being charged again on the same offense. That's not a new crime.
And no, double jeopardy does not apply, since the federal govt and the state are separate sovereigns, and he can be convicted of both state and federal charges relating to the same offense.
2007-07-10 09:55:44 · answer #2 · answered by coragryph 7 · 2⤊ 1⤋
Sure, the state court could still violate him. But really the federal case is separate from the state parole. However if it does go to federal court it will most likely be hard on him because he has a serious criminal history.
2007-07-10 09:47:13 · answer #3 · answered by Anonymous · 1⤊ 0⤋
daddyo, sounds like youve been there, done that
2007-07-10 10:23:49 · answer #4 · answered by b-jump 2 · 1⤊ 0⤋
no
2007-07-10 09:40:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋