Charged Twice, same crime

[TxChragedTwice]

What is the name of your state (only U.S. law)? Texas

About two months ago I was arrested for abstaining prescription drugs illegally. At the time of arrest I admitted how many times I did it and where. At the court date with the lawyer I did the same. I was given a plea and deferment for 2 years with a fine and community service. Then after this about three weeks later a detective from the town I live in which is right outside the city I committed the crime is going after me for the same charge. I told them everything as I did before and how I admitted all the rest in my court date before I was put on probation. The city I live in is the a different city and county then I was originally charged, but it is the same crime I even confessed to before. So is it possible the will still go after me or does the double jeopardy rule fall into place? Since I am on probation will this violate that because they file charges against me for the same crime?

 

[dave33]

You mean obtaining right? The key question is whether or not the new charges happened before or after you were sentenced. Double jeopardy does not apply to a different count of the same crime. If you took a plea than did the same thing again soon afterward, plan on a violation and jail time. If you already plead to the same count of the same charge it should get dismissed if you get charged. Although, if that is the case they may figure that out. You may wanna go easy on the confessions for a while.

 

[JETX]

At the time of arrest I admitted how many times I did it and where. At the court date with the lawyer I did the same. I was given a plea and deferment for 2 years with a fine and community service. Then after this about three weeks later a detective from the town I live in which is right outside the city I committed the crime is going after me for the same charge. I told them everything as I did before and how I admitted all the rest in my court date before I was put on probation. The city I live in is the a different city and county then I was originally charged, but it is the same crime I even confessed to before. So is it possible the will still go after me or does the double jeopardy rule fall into place?

You can confess to the detective and court for every crime you ever committed...... and still face new charges. The key here is EXACTLY what you charged with and did it include ALL the crimes you did?? If not, then you can be charged with any crimes (new or old - within SOL) that were not included in the first charge.

Since I am on probation will this violate that because they file charges against me for the same crime?

As long as the new charge is for a crime done PRIOR to your recent conviction, it would not be a parole violation.

 

[TxChragedTwice]

You mean obtaining right? The key question is whether or not the new charges happened before or after you were sentenced. Double jeopardy does not apply to a different count of the same crime. If you took a plea than did the same thing again soon afterward, plan on a violation and jail time. If you already plead to the same count of the same charge it should get dismissed if you get charged. Although, if that is the case they may figure that out. You may wanna go easy on the confessions for a while.

No I haven't committed any new crimes. This is from the same time that they are going for. I did confess to all of them, but they only went after me for one. Now the local town and county is going after me. That is why I was wondering how I can be charged if I already was charged and plead out. The charge is the same they are going for though.

And it was obtaining.

 

[dave33]

You are being confusing. What juristiction charged you the 1st time? Also I understand it was the same charge,but since you did it multiple times, and you confessed to all those times. That would mean multiple counts of the same crime. They can charge you with each and every count. The original attorney representing you should have made sure this was not going to be an issue since they were aware of every count. In an ideal plea situation,some counts should have been dismissed for a guilty plea on the other counts. It seems they left some out,but you 're 2 years will not be violated and whatever sentence you receive for the new counts should be the same. Hopefully your attorney will work something out, this whole scenario seems like a waste of time. goodluck.

 

[TxChragedTwice]

You are being confusing. What juristiction charged you the 1st time? Also I understand it was the same charge,but since you did it multiple times, and you confessed to all those times. That would mean multiple counts of the same crime. They can charge you with each and every count. The original attorney representing you should have made sure this was not going to be an issue since they were aware of every count. In an ideal plea situation,some counts should have been dismissed for a guilty plea on the other counts. It seems they left some out,but you 're 2 years will not be violated and whatever sentence you receive for the new counts should be the same. Hopefully your attorney will work something out, this whole scenario seems like a waste of time. goodluck.

The first jurisdiction was Bexar county courts arrested by SAPD and it was The State of Texas versus me. Not it would be Guadalupe County City of Schertz. The detective has talked to me and I made a statement with all the same info SAPD had and the courts. He said he would have to send it to their DA and then 90% charges would be filed against me with the same charge. This is why it is so confusing since the courts before and the lawyer and SAPD knew about everything and I admitted it. Only one charge though because I was caught in the act.The rest was just compiled into that one charge. So nothing has been done since and I am following everything to the letter on my probation and staying clean. It just this comes up not even three weeks when I thought I was done with the courts and flipping out about it. Especially since I admitted everything, they knew everything, and I was given my punishment. This now is screwing everything up more while I am trying to pick up the pieces and move on.

 

[CavemanLawyer]

You aren't being charged with the same crime twice, you are being charged for each of the times that you commit that crime. You apparently did this in both Bexar County and Guadalupe County. Those are two separate crimes which, if prosecuted, are handled by completely different District Attorney's Offices. They each have the option of prosecuting regardless of what the other office does. You will just have to deal with these new charges and hopefully you can get probation which will just run concurrently with the probation you are already on.

The new charges cannot be used to revoke your current probation so long as you report the charge and arrest to your probation officer when they eventually happen.

 

[JETX]

The first jurisdiction was Bexar county courts arrested by SAPD and it was The State of Texas versus me. Not it would be Guadalupe County City of Schertz.

Okay, didn't see this before making my previous post....

Yes, the first proceedings were 'State of Texas v' you.... but that does not mean that your plea agreement included all crimes throughout Texas. Each county prosecutor pursues his charges in the name of the state.
The following is from TX Code of Criminal Procedure:
Art. 21.02. REQUISITES OF AN INDICTMENT.
An indictment shall be deemed sufficient if it has the following requisites:
1. It shall commence, "In the name and by authority of The State of Texas".

Your Bexar County proceeding (plea bargain) would only apply to the crimes committed in Bexar County.
Any crimes committed in other county's (Guadalupe, etc.) would still be 'live' and could be pursued in those jurisdictions.


Where is your attorney in all of this?? Surely, you didn't proceed with this criminal matter without counsel!!!

 

[TxChragedTwice]

You aren't being charged with the same crime twice, you are being charged for each of the times that you commit that crime. You apparently did this in both Bexar County and Guadalupe County. Those are two separate crimes which, if prosecuted, are handled by completely different District Attorney's Offices. They each have the option of prosecuting regardless of what the other office does. You will just have to deal with these new charges and hopefully you can get probation which will just run concurrently with the probation you are already on.

The new charges cannot be used to revoke your current probation so long as you report the charge and arrest to your probation officer when they eventually happen.

So basically since I confessed in the other county it does not matter. So did they do this because I confessed and then Bexar county just told them? I understand that because of the anything I say can be used against me part. So there is not chance they will see I am on probation and trying to fix my life and say we wont prosecute? It would be nice, but I have doubts on that in the back of my head. Ok well I guess I am screwed then. Sorry for any confusion I am just new to this legal stuff and I have never broken any laws before this. I doubt if I was addicted to the drug I would have done any of this, but I did and that is what counts.

 

[dave33]

Bottom line, if you kept your mouth shut things would be a lot simpler. The positive side is that after all is said and done you don't have to worry about a previous crime coming back to bite you.Addiction is a long and painful road and this is an opportunity do get help. If you do nothing about the problem this is just a small taste of the rest of your life. goodluck.Dave

 

[CavemanLawyer]

So basically since I confessed in the other county it does not matter. So did they do this because I confessed and then Bexar county just told them? I understand that because of the anything I say can be used against me part. So there is not chance they will see I am on probation and trying to fix my life and say we wont prosecute?

Anything is possible. They may decide to not file or they may try to put you on probation in their county also, or they might want to send you to prison. Obtaining a prescription by Fraud is usually a 3rd degree felony but depending on the drug obtained and the method of obtaining it, it can be up to a first degree felony. If this other county has you for a higher degree felony they might not care that you got probation elsewhere. You probably just have to wait and see if they file the charge or not, then go from there.