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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17305
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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If I have already plead guilty and been sentenced for two counts

Resolved Question:

If I have already plead guilty and been sentenced for two counts of aggravated battery with intent to do great bodily harm, can I still at some point be charged for something higher such as attempted murder for the same offense?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Once the State has made an arrest and charges have been filed and then the accused has been found guilty of the charge, then the State cannot change the charge or add additional charges that are made up of the same act the defendant was prosecuted for. In other words, aggravated battery and attempted murder, assuming they involve the same victim and time, place and manner, must both be brought together if the State is going to prosecute both. So, no, they can't add or change the charge later under those circumstances.

That said, if this act was on Federal property where there is concurrent jurisdiction, then the Federal Government could file charges in the same case, since they are a different sovereign. That would not be double jeopardy. I suspect though that this is not the situation here.

Please let me know if you have any related follow up questions. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

I was charged and sentenced while living in Boone County. I moved to Winnebago county where my probation was transferred. My new probation officer is making me take a Partner Abuse Intervention Program class. In the class the counselor is telling me that what I did was attempted murder and should have been charged with that. To successfully complete the class I have to show that I have taken responsibility for what I've done. I am wanting to make sure that if I say something in that class (which is run by the county) that it can't be used against me as far as recharging me for attempted murder. The counselor has emphatically implied that if I don't admit to stalking and attempting to murder my ex-girlfriend that I could be discharged. A discharge would be reported to my PO, which could be cause for me violating my probation. I want to be responsible for my crime, but don't feel that I tried to kill anyone. Was it possible that what I did could have caused death? I suppose, but that was not my intention. So before I say anymore in this class, I wanted to make sure that they can't use anything I say in this class against me. So you are saying that they cannot, correct?

Expert:  Marsha411JD replied 1 year ago.
Thank you for your reply. Yes, that is correct. As long as we are talking about the same underlying facts (victim, place, time, manner) then that chapter is closed. You are protected by double jeopardy rules. That said, no one should ever be forced to state something that requires a legal conclusion. In other words, you are not an attorney and neither is your counselor, so although they can say that you must be honest about the facts of your crime, you need not and should not ever give a legal conclusion like stating "attempted murder." It isn't an issue of you being able to be charged with that now, but it is just not the case. You were convicted of what you were convicted of, and NOT attempted murder and it is completely inappropriate for this counselor to either make a legal conclusion that they are not qualified to make or make you say something that isn't true.

So, you might want to speak to your probation officer or attorney about this counselor. But again, you cannot be retried for these acts.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17305
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 7 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much. I feel the same way. It seems these counselors working for the county are wannabe prosecutors. They harass many of the students of the class. I am there to learn about abuse and how to better myself as an individual, not to be harassed and coerced into stating something that isn't true. She has made many conclusions of what and who I am from reading a police report and listening to my story. And it seems that if I don't go along with what she has determined that I am, then I won't successfully complete the class. Thanks again for your help. I will rate you favorably.

Expert:  Marsha411JD replied 1 year ago.
You're welcome and best of luck to you!

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