Legal Question in Criminal Law in California
Charged same in 2 counties
My Father was charged with writing post dated checks for medical services. The facilities agreed to accept these checks, the checks later bounced. None of the facilities complained, yet the county where he lives has charged him. As part of a plea agreement, he has agreed to pay all checks including and additional one where he had stopped payment because he learned that he did owe the money.
Now the county where he wrote the checks is also charging him and saying what happened with a plea agreement in the other county has no bearing on them. Is this double jeopardy?
If his county of residence has no jurisdiction, how can they charge him? His lawyer refuses to represent him in the other county without a considerable extra payment, even though the fee agreement is for the charges not for the county.
My father is in very poor health and is afraid he will ultimately go to jail over this because he cannot afford to fight it even though he has never been in trouble before. He is afraid he will die in jail.
What can we do? I am at a complete loss on where to start.
1 Answer from Attorneys
Re: Charged same in 2 counties
My opinion is that it is double jeopardy. There are seven pleas that can be made at the arraignment. One is guilty. One other is prior jeopardy.
The Public Defender will be appointed to represent him if there is a new case brought against him..
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