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  1. #1
    Join Date
    Jun 2010
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    2

    Default Double Jeopardy

    My boyfriend went to court because he violated his probabtion (that's what the court decided anyway). He was sentenced to 12 years, the 12 years was suspended, but the case was then put under advisement for 90 days and if he did not follow the guidelines set by the judge the 12 year sentence would be reinstated. Is this allowed or considered double jeopardy?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Double Jeopardy

    Double jeopardy is being tried more than once for the same crime.

    Getting punished for a probation or parole violation is not in any sense "double jeopardy".

    If your boyfriend wants to stay out of prison, he had best keep his nose clean.

  3. #3
    Join Date
    Jun 2010
    Location
    Stockton.CA
    Posts
    9

    Default Re: Double Jeopardy

    Quote Quoting lisakotrob
    View Post
    My boyfriend went to court because he violated his probabtion (that's what the court decided anyway). He was sentenced to 12 years, the 12 years was suspended, but the case was then put under advisement for 90 days and if he did not follow the guidelines set by the judge the 12 year sentence would be reinstated. Is this allowed or considered double jeopardy?

    This is no way double jeopardy. He was clearly advised of what would happen should he violate probation If he violated probation with in the 90 day advisement period he singed his express ticket for the 12 years.

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