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  #1  
Old 09-25-2007, 01:38 PM
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Join Date: Sep 2007
Location: jersey city, nj
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Unhappy

is this legal??????????


NJ

While working for the TPA, my son moved around throughout NJ to various toll booths. Subsequently he was fired and accused of theft. I think five counties were involved.

My son lived in Union County. All the counties' charges were consolidated, he pled guilty, giving the state a or a number of conviction(s). He has to make restitution and received probation.

Thereafter, he failed to report. A vop. He pled to a gun charge to which he rec'd 30 months probation. A vop. He left the state for more than 24 hours. A vop. He was arrested and did fed time. A vop. While in fed custody his one and only NJ Probation Officer, was made aware of his status as well he was asked how my son could deal with his state issues while in fed custody.

My son became eligible for release after 3 years. NJ had done nothing, but, apparently, they dropped detainers so my son, after being held an extra 10 days, was dumped out into the streets in another state where they were holding him due to detainers.

Comment on the above will be appreciated , however, my main questions follow!

I brought my son here and his federal PO told him to handle these state and municipal matters. We went to the sheriffs of Union County. His NJ PO could not be reached. They took him into custody. In effect, I paid NJ's extradition bill.

The sole NJ Probation Officer, violated my son for, I think, 5 enumerated charges. When he finally went to court he pled guilty to 4 of the 5: gun charge; not reporting; getting arrested Fed charge; leaving state. I think the 5th charge was dismissed, I'm not sure. His sentence was time served, something dismissed and I think probation ended due to fed probation.

Yesterday, in Middlesex County, they snatched him up from Union County, he answered to vop (violation of probation). The Public D got him to plead guilty to 5 of 5 enumerated charges which the sole NJ PO cited as vops. The previous paragraph lists 4 of the 5 and alludes to the 5th which I believe Union County dismissed.

Now my queries: Is this Double Jeopardy? Can each of the counties that were part of the consolidation snatch him and individually hit him with time? The PD knew of the pleading in Union County, was it error on her part having him plead guilty to these same exact charges? If the PO in Union County, who was supervising my son, violated him, wouldn't the violations apply to all probations for which he is supervising? Can he send out individual violations to each county so that each county can use the same instances to try my son and thereby keep him in state lock-up for who know how long?

Footnotes: PD yesterday says two vops from two different counties makes it legal.
Yesterday the Judge mentioned the monies he must make restitution on I believe this referenced the same funds the judge in Union County spoke of my son still having to pay.
  #2  
Old 09-25-2007, 03:53 PM
BL BL is offline
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Each county has it's own set of charges .
Each county can sentence him on those charges from their county.

Each county can order restitution from what occurred in their county .

The original county he was on probation for would handle any vop's.

Fed. Prison's just don't dump prisoners on the street . They give the inmate some pocket money , like for a bus , etc.

You deal with him on that issue .
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