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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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GA DEPT OF REVENUE confiscated itmes I plea of no contest and elected not to have an evide

Resolved Question:

GA DEPT OF REVENUE confiscated itmes I plea of no contest and elected not to have an evidentiary hearing. State of Ga fine me and put me for one year probation.

Now, after one year for the same crime. They are charging criminal felony charges. can state charge me two times for same crime.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 4 years ago.
(1) What were the items?
(2) Is this a business or personal items?
(3) What are the criminal charges?
Customer: replied 4 years ago.
1. Cigratte with fake stamps
2. business
3. Racketeering charges
Expert:  Legal-Guru replied 4 years ago.
Ok, thanks.

Are you sure the previous action with the Department of Revenue was a criminal action or was it administrative? Did you get arrested, have to post a bond, etc?
Customer: replied 4 years ago.
No criminal action. I did not get arrested. no bond posted.
Expert:  Legal-Guru replied 4 years ago.
Ok, that's what I suspected. The Department of Revenue's actions would have been administrative rather than criminal. Double jeopardy only applies to multiple criminal prosecutions for the same crime. It's similar to how the IRS can penalize you or the SEC can fine you, and you are still subject to criminal prosecution for the same thing.

I wish I had better news for you. You are right to hire an attorney quickly so he/she can get on top of this.
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