Thanks very much for your patience. Today did not work out at all as I had planned. I'm just now getting home from work.
It's not double jeopardy to be charged with violating the terms of probation on an underlying charge. It happens all the time.
A probation violation isn't technically a "trial" anyway. The US Supreme Court decided that a probation violation hearing is more of an administrative hearing. This means that certain rights (such as the right to an attorney, to confront and cross-examine witnesses, and even rules of evidence often don't apply as stringently as they do in a trial.) For 2x jeopardy to apply in the context you're thinking of, there has to be a "trial" on the same cause of action twice.
Plus, the allegations are different. The first allegation was related to possessing marijuana; the second allegation is related to his alleged failure to obey a court order.
I agree your son has a very good defense to the allegation he violated the terms of his probation, based on the facts you've provided. Make sure your son provides all this information to the attorney who represents him.
As for the facts of the case, unfortunately when your son entered into a deferred adjudication program, he gave up the right to challenge the evidence and have a trial. That's the forum in which he would have raised the issue of not really being guilty anyway. But, when faced with the possibility of a conviction and jail time, MANY people very smartly choose the safer route of a deferred adjudication. I often advise my clients to do this, even when they have a strong defense, if they don't really want to take the risk of going to trial, possibly being convicted, going to jail, etc.
As for the 12 month probation period for a 6 month jail sentence charge, I cannot find an exact answer in the code. However, I am finding from other fairly reliable sources that the maximum term for probation on a misdemeanor is two years. (I prefer to get answers from the state code, but I just can't put my finger on it right now if it's in there.)
Thanks again for the opportunity to assist you. Please let me know if you need clarification. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
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