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Can You Be Convicted of a Crime and Probation Violation for the Same Offense

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  • 06-28-2012, 12:40 PM
    bfunkhauser
    Can You Be Convicted of a Crime and Probation Violation for the Same Offense
    My question involves criminal law for the state of: Colorado

    My friend was on pre-trial supervision and protection order for DV harrassment and violated by consuming alcohol. Pleaded guilty and was then was on both pre-trial supervision and probation. He was arrested a few weeks later again for consuming alcohol and was arrested again for violation of protection order and bonded out. The next day he was arrested again for violation of probation regarding the same incident.

    There were no other related offenses at the same time such as DUI, he was turned in by his ex-girlfriend both times while having a drink with his new girlfriend at the local pub. If he would not have been on probation or pre-trial supervision it would have been completely legal.

    Can he be convicted twice for the same alcohol violation offense - once by pre-trial violation and once by probation violation? Are they seen as two separate crimes for the same single offense? Shouldn't the DA have to pick one or the other?

    Thanks
  • 06-28-2012, 12:46 PM
    jk
    Re: Can You Be Convicted of the Same Crime Twice (Pretrial and Probation) Violation
    he wasn't arrested for drinking. He was arrested once for the violation of his probation and once for violating his pre-trial supervision. Those are two separate charges even though they are based on the same action.
  • 06-29-2012, 06:04 AM
    indybail
    Re: Can You Be Convicted of the Same Crime Twice (Pretrial and Probation) Violation
    They are not new cases, he is being re-incarcerated for violating his conditions of release for his existing cases.
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