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Lucy, Esq.
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Experience:  Lawyer
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I was on interstate compact felony parole and was writen a

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I was on interstate compact felony parole and was writen a ticket for driving on a suspended license. I was held on a parole violation (the violation being DOS) for 28 days in county jail. The case was dismissed at my parole violation hearing by the state. I was on parole for 11 months after my release and then was released from parole...free and clear no fines or debts owed. A month after being released from parole I find out I have a warrant out of the county the ticket was written in. My parole officer nor myself were ever notified of this warrant which would have violated my parole no question about it. Now the county wants $1400 and 10 days of jail time....my question is this...I have hired an attorney and he has sent me a plea agreement that being the $1400 and 10 days jail time and I think this is double jepordy isn't it? How can a county find me guilty of something the state dismissed for "lack of evidence"? Should I tell my attorney to tell them take it to trial?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Double jeopardy prevents a person from being tried for the same crime twice. A person who is charged with a parole violation that arises out of a criminal offense can be charged and tried both on the offense and on the violation. In the first instance, you were being charged with a parole violation. The state could not now come back and find that you violated parole, based on the same conduct. However, you were not previously charged with the crime of driving on a suspended license. The charges are different, and the penalties are different, so double jeopardy does not apply.

If there was no evidence in the parole violation hearing, which has a lower standard of proof than a criminal trial, that may be a basis for trying to get the charges dismissed. You may want to consider asking your attorney to review the evidence against you so you know whether the plea bargain is in your best interests.

If you have any questions at all about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for helping you today. Thank you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19656
Experience: Lawyer
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