Legal Question in Criminal Law in Georgia

My son pled guilty to theft by receiving in Athens-Clarke County Ga. He is now serving a year sentence. He is also charge with theft by taking in Madison County Ga. These charges were for the same item. Can he be charged again for the same item, and would this be double jeopardy. This is his first offense.

Thanks, Ellen


Asked on 3/18/11, 9:00 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The answer depends on details we don't have. Discuss this with his lawyer (hopefully he had one).

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Answered on 3/18/11, 9:32 am
Lawrence Lewis Lawrence Lewis, P.C.

Yes, he can face different charges in a different county, where the stolen item at issue is the same. He is charged with theft by taking on Madison, where I assume the item was taken. He was charged with theft by receiving in Clarke County, because he was found with the item he stole in a Clarke County. Even better, if he was seen with the stolen item in other counties, he could be charged in every county where he was observed being in possession of the stolen goods. It rarely occurs, but it could occur.

Lawrence

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Answered on 3/18/11, 11:18 am


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