Legal Question in Criminal Law in California

double jeopardy

On Jan. 24,2001 my fiancee' was convicted and sentenced to nine months at his parole hearing for a violation. On Feb.6,2001 he was charged with possesion of a control substance by the local police dept. This dates back to Nov.18,2000 when he was detained by the police and then release with a certificate of release. He was never arrested,booked,fingerprinted or photographed,but he is in jail doing time for something he was never charged with until after his board hearing.How can they retry him on the same offense?


Asked on 4/18/01, 5:34 am

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: double jeopardy

When you are on probation or parole, you've only served part of your sentence. One of the conditions for releasing you early or not sending you to jail at all is that you commit no new crime.

When you do commit a new crime, they can sentence you to serve the remainder of your previous sentence. Then try you on your new offense and sentence you to serve all or part of it.

Then you can be placed back on probation or parole after serving part of your new sentence or maybe not having been sentenced to serve any part of it. Then you've (he's) got the same hammer hanging over your head.

Then of course if the new crimes are felonies, he is facing the problems of possible 'two and three strikes.'

I'm 66 and have never had the problems your boy friend is having. It's amazing how being busy accomplishing legal things keeps males out of trouble. But we all need some help, and to help him get him into AA or NA meetings and encourage him to clean up his act.

Lots of luck

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Answered on 6/13/01, 9:35 am


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