Double jeopardy

[Caincain]

(Colorado) My brother is in prison for violating his community corrections. He is set to be released tomorrow but the same county he was tried and convicted in has issued a warrant for his arrest on the same charge he was tried and convicted for. I spoke to the DA and he confirmed it was a mistake but he said he has to go before a judge and there is nothing he can do. Isn't this double jeopardy? Is there any legal recourse we can pursue?

 

[HighwayMan]

You were already told - your brother needs to go in front of a judge to get this resolved. A prosecutor cannot vacate a warrant - a judge has to do that.

What don't you understand about that?

 

[adjusterjack]

(Colorado)
Isn't this double jeopardy?

No.

(Colorado)
Is there any legal recourse we can pursue?

There is no "we" here.

Your brother goes before the judge to get this resolved.

 

[Taxing Matters]

(Colorado) My brother is in prison for violating his community corrections. He is set to be released tomorrow but the same county he was tried and convicted in has issued a warrant for his arrest on the same charge he was tried and convicted for. I spoke to the DA and he confirmed it was a mistake but he said he has to go before a judge and there is nothing he can do. Isn't this double jeopardy? Is there any legal recourse we can pursue?

It will be a violation of the double jeopardy prohibition if they try him again for the same charge. But as for this hearing, that itself won’t result in a double jeopardy issue. If the court dismisses the charges at the hearing then there is nothing more he needs to do.

 

[quincy]

(Colorado) My brother is in prison for violating his community corrections. He is set to be released tomorrow but the same county he was tried and convicted in has issued a warrant for his arrest on the same charge he was tried and convicted for. I spoke to the DA and he confirmed it was a mistake but he said he has to go before a judge and there is nothing he can do. Isn't this double jeopardy? Is there any legal recourse we can pursue?

For clarification: What was his violation? It would not be double jeopardy if he were jailed on his probation violation and then prosecuted for a crime he committed that violated his probation. These would be two separate offenses - the violation of probation and the offense that violated it.