prison time and probation
i was on a 10 year probation in hays county texas. i got a new dwi while on probation. i was sentenced to 6 years prison time for violating the probation and received a new 10 year probation for the new dwi charge. can they sentence me to prison time and then a new probation? i was told that was double jepordy.
1 Answer from Attorneys
Re: prison time and probation
If the sentencing was for two different offenses, then it is not double jeopardy. The second dwi caused a violation of the first probation, but you weren't sentenced for the dwi, but for the violation. The second charge of dwi, then resulted in a second sentence of probation. It may seem contradictory, but the one offense can stand alone as the violation, and then stand alone as a new charge.
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