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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 25429
Experience:  Active member of the NYS bar since 1989
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It is legal to receive 2 punishments violation?

Customer Question

It is legal to receive 2 punishments for one violation?
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

That depends, but generally, yes. For example, you can go to jail and still have to pay a fine. You can have a split sentence, which means you can serve some jail and then be released and serve a term of probation.

If you explain your situation by replying here on this question thread, I can be less general.

Customer: replied 1 year ago.
I violated the city of Clemson SC tenant regulation regarding number of occupancies 3 versus 2.I paid a fine for violating the regulation and now city Cancel wants to revoke my right to lease the house
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
changed my mind, just answer the question
Expert:  Zoey, JD replied 1 year ago.

This is a municipal regulation. Do you have the code number for the ordinance that you have violated?

Section 13-64 of your municipal code gives the City Council the authority for them to revoke your ability to rent out your property for a determinate period of time following a violation. That's an administrative sanction.

However, Section 13-71 of the same code says that violations in this chapter are misdemeanors, so a fine would be an appropriate criminal sentence.

Yes, therefore, you could have two punishments for the same incident.

Customer: replied 1 year ago.
I had a court date on 1/27 and I paid the violation but according with their rules a occupancy violation with the court results in automatic revocation hearing with city council. the hearing shall determine if I can rent the property or not.
Clemson, South Carolina - Code of Ordinances - chapter 19 - zoning
Expert:  Zoey, JD replied 1 year ago.

Thanks. I was looking at Section 13 and the Rental housing regulations, but Section 19 works on the same principle.

The court date is a criminal matter and section 19-1204 says that a violation of this chapter is a misdemeanor. A plea of guilty there would give the judge the opportunity to impose a sentence -- in this case a fine -- which would then trigger the administrative revocation hearing and the possible revocation, which is an administrative sanction. It's proper.

It's analogous to a DUI situation where you refuse to test. That triggers an administrative sanction of a suspension of your license, on top of whatever sanctions the criminal court imposes as part of the sentence.

It's not double jeopardy. These are different agencies involved.

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