Double Jeopardy

[tvbdude]

I was charged with arson, B&E, A&B on a police officer, 2 counts receiving stolen property, and attemptive B&E. The case is over 2 weeks ago and I pleaded to a "CWOF". I received 1 1/2 yrs of probation and 10 hrs of community service a month. If I get arrested within the probation period, I could face up to 2 1/2 yrs in jail. If I successfully completed the probation, and I am charged with the same offenses in the future, does double jeopardy apply?

[jk]

I was charged with arson, B&E, A&B on a police officer, 2 counts receiving stolen property, and attemptive B&E. The case is over 2 weeks ago and I pleaded to a "CWOF". I received 1 1/2 yrs of probation and 10 hrs of community service a month. If I get arrested within the probation period, I could face up to 2 1/2 yrs in jail. If I successfully completed the probation, and I am charged with the same offenses in the future, does double jeopardy apply?

what is a "CWOF"?

and; what do you mean "I am charged with the same offenses in the future"? Are you talking about the same incident? Explain why you beleive you might be recharged with the same charge.

[tvbdude]

you could just google cwof. I'm not talking about the same incident. I'm a chronic troublemaker so it's most likely I will be arrested again in the future.

[jk]

The case is over 2 weeks ago and I pleaded to a "CWOF".

You are so very wrong. The case isn;t over until a final disposition is entered by the courts and that won;t happen until your prob is served or you are brought back into court to actually face the charges.

I'm not talking about the same incident.

Are you really asking that if you commit the same crime a hundred times if you cannot be charged more than once inyour lifetime? Wake up. You can be charged and tried each and every time you commit a crime. It is only double jeopardy if you are tried more than once for the same action, same incident under the same law. There are also some definitions as to when jeopardy applies to be considered as well. Since you have a CWOF in place, the case against you has not been concluded yet so if you are taken back to court and actually tried, it would not be double jeopardy even for this go around of offenses.

I'm a chronic troublemaker so it's most likely I will be arrested again in the future

If this is true, you might want to buy some stock in KY products. You may cause yourself to become rich.

[tvbdude]

wow, you're an asshole

[Mr. Knowitall]

... And you're one who should talk.

If you were to Google "CWOF" yourself, you would find out what should be pretty obvious - violate your probation and you can end up being convicted of the charges underlying the plea:

CWOF is legalspeak for a continuous without a finding. A CWOF is a potential way to dispose of a criminal case prior to trial. It is not an affirmative plea of guilt. However, it is an admission. It is an admission to sufficient facts.

When one admits to sufficient facts, one is admitting to the court that if all the evidence gathered up to that point, against the defendant, were presented to a trier of fact (i.e. a judge in a case of bench trial or a jury in case of a jury trial) there would be enough evidence to support a conviction. If accepted, the court would continue the matter without a finding of guilt. A defendant admitting to sufficient facts, would then be placed on "supervision." A defendant being "supervised" under a CWOF could have the same obligations as a defendant placed on probation. A violation of any of the terms and conditions of the "supervision" of a CWOF could result in the CWOF being revoked and a finding of guilt being imposed. The beauty of a CWOF however, is that, upon successful completion of the terms and conditions of the "supervision", the matter is dismissed.

[jk]

wow, you're an asshole

Don't confuse being a realist with being an asshole. Those that don't like what they hear from a realist often consider the realist to be an asshole.

The one thing I can tell you, whether I am an asshole or not; it is not I that claims;

I'm a chronic troublemaker so it's most likely I will be arrested again in the future

That's just plain stupid that one realizes this and does nothing to correct the situation and then worries about what is going to happen in court because of it.

I guess though that stupidity is a problem that can't be corrected, it is a limitation that one has that is just what it is. Ignorance, on the other hand is simply the state of unknowing. I suppose I would rather be stupid than ignorant and refuse to correct the ignorance once discovered.

Which are you??