Legal Question in Criminal Law in California
Probation (VOP)
My PO has filed a VOP on easc of my 3 cases of probation.
Buy my first court date is one day after on of the cases ends(J&S in 2005)
Also he tryed tgis last week, but I was never given notice, and he had to recall the FTA warrants,
does this count as double jeperty?
Brad
Asked on 11/06/08, 2:22 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Probation (VOP)
The timing of the court date doesn't matter. If it did, people could get away with violations just before their probations end.
And no, what you describe isn't double jeopardy. In fact, because a probation violation is not a criminal charge (though the same act can be separately charged as a crime), it's not even single jeopardy.
Answered on 11/06/08, 3:10 pm
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