Legal Question in Constitutional Law in Tennessee
Double Jeopardy
is it considered double jeopardy for a minor to have to serve time for a crime that the said minor has already served time and been dismissed for? and if it is what actions may be taken against the said perpatrator's of the double jeopardy offense?
1 Answer from Attorneys
Re: Double Jeopardy
Your question is not clear, but let me answer it this way:
No one can be prosecuted for the SAME (or, lesser included) offense twice, which means he cannot be punished twice for the same offense.
HOWEVER, probation means that even if you've served time, if you violate the terms of your parole / early release, you're going right back to incarceration to serve the full sentence, and maybe with extra tacked on, depending on why you're back. But any amount tacked on, would be for a new offense, not the old.
Now, in juvenile court usually, a child's record is completely open to the judge reviewing the case, and it may seem as if the kid is being penalized twice because they take the complete record into account, that may not actually be the case.
Your best bet is to review the case with the child's lawyer, or a public defender, and get clarity on what is actually happening.