Legal Question in Criminal Law in Colorado
sentenced for a crime twice
My friend had been convicted of theft and spent 90 days in jail before they gave her 2 years suspended sentence and 4 years probation and a restitution fine of $13000. She completed her I.S.P. with honors, did all her classes had clean U.A.'s and completed her probation requirements. She, during that time wrote a $10 check on her account that had just closed a week prior to that (a misdameanor). She got 2 years more probation. During that time of the second case she had a couple dirty U.A.'s and she got charged with probation violation to which she recieved 2 years D.O.C. and 6 months in county jail to run consecutively. She was sentenced for the theft case after she had already completed her probation and the 90 days wasn't even taken off. Isn't this double jeopardy? She is going to prison for 2 years for writing a $10 check? This is wrong. Also, her 2 kids were kidnapped by the father just 2 months ago and they have located him but now she is in prison and can't get custody!!! Please help her. thank you.
2 Answers from Attorneys
Re: sentenced for a crime twice
The best ways to attack this sentence would be with a 35b reconsideration of sentence, a motion for pre-sentence credit, and a review of the probation and court file to make sure that all procedures were followed. I can do all of these things. If she was legally still on probation, then she can be resentenced for violating probation.
Re: sentenced for a crime twice
If you are placed on probation and you violate probation, the Judge has a second chance to sentence on the same charge. The defendant is subject to any sentence that she could have received when sentenced the first time. Usually a Judge gives credit for any time served.
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