Legal Question in Criminal Law in California

my son was arrested for residential burglary when he was 3 weeks to being 18. he was sentenced to 6 months in juvinelle hall. when he got out he wasnt on probation, his time was served. About a month ago, he was arrested for trying to sell some property ( that was from the residential burglary), to undercover cops. Now their charging him with burglary again. Can they do that? i thought they couldnt charge you for them same case twice. What is my son looking at & what can he do?


Asked on 6/05/11, 12:29 pm

2 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

If the burglary they are charging your son with is really the one he already was convicted of, then he cannot be charged again. However, if the burglary he is currently charged with is the entry into a location to attempt to sell stolen property he had recently, then that could be a different burglary charge. Speak to his lawyer or get him one now. David Wallin

Read more
Answered on 6/05/11, 1:36 pm
Anthony Roach Law Office of Anthony A. Roach

Being convicted in the past does not get him a get out of jail card for committing the same offense in the future. The defense of double jeopardy would only apply if the burglary that he was being chared with now was the same as before. The fact that he was convicted before also does not give him a free shot at selling any stolen items from the prior crime.

Read more
Answered on 6/06/11, 5:38 pm


Related Questions & Answers

More Criminal Law questions and answers in California