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  1. #1
    Join Date
    Jun 2010
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    Default Federal Probation and State Parole Violations

    My question involves criminal law for the state of: NY
    my fiance is on State parole and Federal probation, the state violated him and gave him a year. His federal probation officer had to violate him because the state did and to put a detainer on him to know where he is held, and he violated him for the sme charges. His State violation of a year is almost done, and then the US marshalls will come pick him up to appear in fron of the federal judge. Can the federal judge give him more time, or no because he has already done a year for the state.. And does that have anything to do with double jeopardy???

  2. #2
    Join Date
    Sep 2005
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    Default Re: Federal Probation and State Parole Violations

    His federal probation violation is separate from his state parole violation, and we can't guarantee that he won't face an additional consequence. No, it has nothing to do with "double jeopardy" - he's not being tried twice for the same offense, but is being charged by both jurisdictions with having violated the terms of his parole and probation, even if by the same act.

  3. #3
    Join Date
    Jun 2010
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    2

    Default Re: Federal Probation and State Parole Violations

    Before the state violated him the feds were only giving him community service- hopefully they can give him time served... or community service, or add on months to his probation time- hopefully

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