Legal Question in Criminal Law in Colorado
Hi, If my ex boyfriend was charged with unlawful sexual contact and assault and got them dropped for probation, is there anyway to recharge him with those convictions if he is arrested again for harassment against me, and sending me an email admitting that he did at least one of the acts?
2 Answers from Attorneys
If the defendant was convicted and sentenced to probation, then no charge was "dropped." Probation can be revoked for violation of any conditions. New charges would be a violation.
If the defendant is convicted once (and sentenced to probation), he has then been put in jeopardy once. To charge the defendant again (for the same exact act) would be to put him in jeopardy again. A bunch of guys decided that it would be wrong to put someone in jeopardy twice. They declared that double jeopardy was wrong, and they even banned it in something they called the U.S. Constitution. Still, prosecutors get around double jeopardy by the use of sentence enhancers and aggravators.