Does Double Jeopardy Apply to Probation Violations
A defendant was convicted of corruption of minors in Pennsylvania, and was ordered as part of his probation to take polygraph examinations. A year ago he failed an examination, and was taken back to court. The probation officer accused him of being in denial, and he was required by the court to engage in a counseling program. Now he's been ordered to take another polygraph examination. If they say he has failed the examination again, can they punish him another time?
Re: Does Double Jeopardy Apply to Probation Violations
The two polygraph examinations are separate incidents, not the same incident. Double jeopardy applies to more than one prosecution for a single incident, not for separate incidents of the same conduct.
The probation violation likely has less to do with the polygraph examination itself, and more to do with whether he is being deemed in compliance with the counseling requirements imposed by his original sentence. He should have a criminal defense lawyer review the terms of his sentence and probation, and advise him accordingly.