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  1. #1
    Join Date
    Oct 2008
    Posts
    4

    Question Double Jeopardy

    My question involves criminal law for the state of: alabama

    I have a complicated case that I think the courts have completely screwed up. See, about 5 years ago I was arrested for a $5 shoplifting charge and charge with theft of property 3rd in the city court. I didn't bond out and went to court a few days later. (NOTE: I have had an unknown medical condition that I had since birth that causes me to blackout and act like I'm on drugs or something where I just walk around acting dumb for a couple of minutes then start coming to). Well while in court I was handcuffed and shackled to another inmate, I had one of the blackouts and started acting stupid. I'm not sure what completely happened but the just of it is that I stood up and moving around with the other inmate shackled to me. The judge noticed me and started ordering me to sit down and officers in the courtroom came and got me away from the othe inmate and drug me from the courtroom. Once outside evidently they had problems taking me where ever and I fell down the steps and had to be taken to the hospital. The judge held me in contempt of court and sentenced me to 10 days in jail for the incident. When the cops took me back to jail from the hospital I was charged with 4 new charges: disorderly conduct, resisting arrest, harassment, and criminal mischief 3rd, 4 misdomenors, in the county courts. I was given bonds but could not use them because of the contempt sentence. I taken to court a week later and applied for a jury trial for the county charges. I was sentenced and filed an appeal to the district court. I was later taken back to city court and sentenced to 90 days in jail and it was suspended for 1 year probation and a $400 fine with restitution to be determined.
    Next my city court lawyer looked at my county case and said it sounded to him like double jeopardy because the city judge sentenced me to 10 days for the incident and because the county charges were for the same incident. So he notified my county lawyer and she said he was wrong and they got into it and she withdrew as my lawyer. Note: This about 6 months later and I have not bonded out at all. Well I was appointed a new attorney who talked with my city lawyer but while researching my case he found out the court had oversentenced me and I should have already been out with time served. So he told the judge and the judge told him he would ammend the order and if I would drop my appeal I would be released for the charges. Well I got out and reported to the city probation officer. I served my year probation and thought I was off probation. But now 5 years later the probation collection companies were changed and the new one sent me a letter stating I owe not only the $400 fine and restitution for jail time but I also owe for the hospital bill totaling up to $2400 and if I don't pay it then my probation will be violated.
    Now I have had lawyers tell me that the cases are all screwed up. I wanted to know if the county could recharge me for the same offense and then the city come back and try to punish me for a 3rd time. And could they violate probation after I am supposted to be off just be cause the records were evidently screwed up durning the company change. And last the new probation paper I got said the jail sentnce suspended was for 0 days so if they violate it what can they do.(Also if I served the jail time before being released and have to pay for jail time then should I have been on probation to start with?)

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,084

    Default Re: Double Jeopardy

    Consider asking your lawyers petition to have you evaluated for criminal responsibility and capacity to stand trial, on the basis of your mystery medical condition and fits of uncontrolled behavior.

    If you are asking if you can be charged with a crime you commit? Yes. If you are asking if, having committed additional offenses in the course of appearing in court, you can be charged with additional offenses? Yes. If you are asking if you can face additional sanction for violating the terms of your probation? Yes.

    Beyond that, I can't figure out what you are trying to ask, so see if your lawyers can explain it to you.

  3. #3
    Join Date
    Oct 2008
    Posts
    4

    Default Re: Double Jeopardy

    My question is that since you can only be charged once for an incident criminal, then how can the city come back and threaten me criminal for the hospital bill from the incident in the court room, after the county has handled the case for the incident which didn't include the hospital bill?

    Now maybe handling it civilly I could see but to try and criminal punish me for something involved with the county's case has to be double jeopardy.

    Plus the hospital bill wasn't part of the initional probation terms.

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