Can someone explain double jeapordy to me please?

Question

My 17 year old son got into some legal trouble in the early spring. We have been to court several times and the judge imposed a curfew of 8 pm nightly. He has complied and never missed his curfew. His probation officer explained that as long as he is with his parent(s) he doesn't have to be at home as this isn't house arrest just a curfew. In other words, he can go places with his parent(s) after 8 pm but not alone. We notified probation that we would be out of town for the weekend to see the Green Bay Packer, Pa Eagles game and the court refuses to let him attend with his parents. My question is this, if he has a curfew and is suddenly being told he cannot attend events with his parents (that was not stated at any time during any court appearance or in any papers) is it considered double jeapordy? I am in no way defending what my son has done, but more trying to understand what they are doing. btw, every time I call probation, they never give me a straight answer, just the run around

He was one of five kids who broke into different construction companies and distroyed property. His participation was minor compared to the other kids, even the prosecutor knows this but he is just as quity they explain because he was there...

thank you phillip. it is nice to hear that people including kids make mistakes. I don't not take away from what he has done, but only wanted someone to explain it to me. I have contacted our attorney and am awaiting an answer. He is a good kid who made a stupid decision and is paying a price now and after sentencing.
thank you for not judging him...

Answer 1

double jeapordy.means you cain't be tried for the
same crime a second time.
The probation officer has to obay what the court paper said.If you got a good propbation officer.he will work with you to better help your son.
I would talk to the judge.and get modifaction of
the orignal to stipulate the changes.Judges are
people to,and if your son has be en keeping his
reporting dates,it's in your favor.

I wish the best of luck,and i been through the same when i was 14.people and kids make mistakes.But when given a chance,kids turn out
OK

Answer 2

Your son broke the law and he rightfully as you agree is being punished for it.

You said:

"His probation officer explained that as long as he is with his parent(s) he doesn't have to be at home as this isn't house arrest just a curfew"

"he has a curfew and is suddenly being told he cannot attend events with his parents (that was not stated at any time during any court appearance or in any papers)"

Aren't you playing both ends against the middle? You did not know and had to be told by the probation officer that he could leave home without violating the curfew if he was with his parents and at the same time you seem to be condemning the court for not telling you that he would not violate the curfew if he was with you for the weekend.

Double jeopardy is being tried or prosecuted twice for the same crime. That has not happened.

Think clearly when it comes to your son. Do not allow him to think that his crime was not serious and that he should attempt to find a way around the law. Those are not lessons that he should learn.

Answer 3

No the double jeopardy clause does not apply to the situation you described. A probation officer may set any limits he or she wants. However the Judge is the person that has the final say. Double jeopardy is being place in jeopardy twice for the same offense. This would be like being acquitted of a bank robbery, then they find more evidence that you did it and they arresting you and holding you for another trial. Double jeopardy does not work both ways. If you are found guilty, it is possible to have the sentence overturned in the appeals process. Even after that time, if new evidence (like DNA) excludes you, a court can overturn the conviction.

You should consult youir local attorney about this for a more detailed answer

Answer 4

Everything that he can and/or cannot do while on Probation is listed on the Probation Agreement that he would have signed and should have a copy of. He can also get clarification from his Probation Officer or whoever is standing in for him while he is out, but as far as Double Jeopardy - that has nothing to do with that. Double Jeopardy is when someone is tried and/or punished twice for the same thing. Let's say he satisfactorily completes his Probation and the charges are dropped or adjudication is withheld, or whatever was agreed upon, and then down the road, they decide to charge him again in an attempt to give him jail time or something else. He has already been to court and been punished by the Probation and whatever else (restitution/community service, etc...) and cannot be retried on the same charge again.

Answer 5

Double Jeopardy means not being tried twice for the same crime. If you are acquitted the first time you cannot be tried again for that crime, so this is not DJ.

Probation, just about everywhere in the US, means you cannot leave the area, period.

Usually the county, sometimes the city.

If it were a funeral, the judge my go along with it, but not for a football game. The judge is trying to make him feel the punishment so he will be less likely to repeat the crime or commit another. Sounds reasonable to me.

When my brother was 16 he got into trouble breaking some windows, had to pay resitution, could not leave the county (6 months) and that is not counting the extra work he had to do for my dad and pay him back (with interest 10%) for paying his restitution and fine $946.00/$500.

they have a great relationship today (he is 29) and he has never been in trouble again. He owns his own business and does very well.

They learn more when they feel the inconvenience of the punishment for their acts than when we mollycoddle or excuse what they do.

Anyway it is not DJ and seems fair.

Answer 6

Double jeopardy would have nothing to do with this scenario. Double jeopardy is being tried twice for the same crime. In the present case, your son agreed to certain conditions as a part of his guilty plea to avoid jail or some other, more stringent punishment. If he violates the terms of that agreement, he can go back to court and be sentenced to the original sentence. It is not a new crime, he will simply be sentenced under the original plea.

One of the conditions of probation may have been that he not leave the state. Maybe the judge just feels that a kid who broke into a construction site shouldn't be treated to a weekend away at a football game. Whatever the case, if he goes he risks having his probation revoked and being sentenced to serve the suspended portion of his sentence in jail.

Answer 7

Double jeopardy is being tried a second time for a crime of which you have already been found not guilty or for which you have already been sentenced and carried out the terms of that sentence.

It sounds like the curfew includes staying in town which is not at all unusual.

You have probably confused the people at the probation department and yourself as well by trying to bring in double jeopardy which has absolutely nothing to do with your son's movement being restricted.

Answer 8

This is a question of leaving the jurisdiction of the court, which the court has the right to refuse. Courts frequently impose restrictions on leaving the jurisdiction.
Double jeopardy would be being tried for the same offense for a second time after acquittal the first time around.

Answer 9

No. Double jeopardy means being charged with the same crime twice. It has nothing to do with the handling of the probation. The probation officer can restrict someone who is on probation from traveling outside of the area and in almost all cases prohibit traveling outside of the state.

Answer 10

I don't think counts as double jeopardy. This is just restrictions on his movements , if you were going out of state with him, that's probably why the court said no, he , even though he is with you would be considered a flight risk going out of state.