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  1. #1
    Join Date
    Nov 2011

    Default Is the Extension of Probation Double Jeopardy

    My question involves juvenile law in the State of: ALA

    Double Jeopardy?

    I went back to court this week. The judge said he was going to release me but that he was modifying my probation and that now, after I have already completed my sentence, that I have to wear an ankle bracelet and pay for it until my appeal is completed or go to jail. We did not ask for the sentence to be stayed during the appeal. He made it clear that it could take a year for the appeal. He also said if I went off to college I would have to come back for hearings and miss a lot of school. He also said I was not allowed to drive. He said because I would not admit my guilt (drop the appeal) that I had not learned my lesson so he was going to continue to punish me. He said I must be still harboring anger for the victims by not accepting my actions. He also said I could not have any contact with the victims or any member of their family but that could be hundreds of people and I live in a tiny little town and I could not go within 1000 feet of school property. My GAL said this was a setup and he had been here before.

    My parents and I talked with a civil rights attorney the day after my hearing and he said the judge is violating my civil rights but judges are immune from paying money. He said the case would be $30,000 or more and he would not recommend me, which I don't have, spending my own money on it. He did say he would check to see if another 'good deeds' attorney would take the case for expenses only. He said fighting a judge is a lose lose situation for an attorney.

  2. #2
    Join Date
    Jun 2006

    Default Re: Double Jeopardy

    Thank you for sharing your story. Please address any questions to your attorney.

  3. #3
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Is the Extension of Probation Double Jeopardy

    So a lawyer told you that you can spend $30,000 to sue the judge and lose, but that maybe some other lawyer would agree to sue the judge and lose without charging you money?

    If you have grounds to appeal, appeal. If you choose not to appeal, you get to live with your sentence. An appeal sounds like a considerably better investment than putting $30,000 into a case you've been told up front is a sure loser.

    We don't have any facts by which to assess the propriety of the judge's actions, but if a juvenile court judge finds grounds to extend a minor's period of supervision the judge normally has broad discretion to do exactly that.

  4. #4
    Join Date
    Sep 2010

    Default Re: Is the Extension of Probation Double Jeopardy

    And to answer the question in the subject line: It is NOT double jeopardy.

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