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  1. #1

    Default Violation of Parole and Getting Credit for Time Served in Another State

    My question involves criminal law for the state of: Florida.

    Subject was arrested and tried in Florida for a felony. Given probation and subsequently moved that probation to Montana. Violated that probation in Montana and served 3 years state prison. Now Florida wants to extradite for that violation of probation.

    Isn't that some form of double jeopardy? Florida states they will not recognize time served. What is going on ? Thank you

  2. #2
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    Default Re: Violation of Parole and Time Served in Another State

    It is not "double jeopardy" to be punished for a parole violation.

    Depending on whether and when Florida learned that the defendant was incarcerated in Montana, the defendant might have an argument that he should be given credit for some of the time he spent behind bars in Florida. However, we lack any of the facts relevant to comment on that issue.

    The defendant should discuss the specifics of his case with his Florida criminal defense lawyer.

  3. #3

    Default Re: Violation of Parole and Time Served in Another State

    Correct. Thanks. The double jeopardy question was; if he was tried for probation violation in Montana and served there. Can he be violated again or extradited to Florida for the same probation violation ?

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    Default Re: Violation of Parole and Time Served in Another State

    Guessing about what may or may not have happened is not a productive exercise. We don't have the facts. The defendant should discuss the specifics of his case with his Florida criminal defense lawyer.

  5. #5
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    Default Re: Violation of Parole and Time Served in Another State

    Yes, both states can impose sanctions independently for the same violation. There's no "double jeopardy" as there is a "trial" here.

    However, I've got my doubts as to the accuracy as to what has happened here. There are certainly details missing (such as what the original conviction was for and what actual sentencing took place). I'm also not sure what actually happened in Montana. Are you sure the three years was for the violation of the original probation and not some crime he committed violating that probation? I'm skeptical that a judge in Montana could/would revoke probation on a interstate compact. Usually, what happens is you go back to your home state for that determination.

  6. #6
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    Default Re: Violation of Parole and Time Served in Another State

    Quote Quoting flyingron
    View Post
    Are you sure the three years was for the violation of the original probation and not some crime he committed violating that probation?
    I'm betting this ^^^ is what the 3 years was about, the underlying crime that constituted the violation.

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