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2 cases/same charges

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kduperron8

Junior Member
What is the name of your state (only U.S. law)? California

My husband was arraigned on two separate felony complaints but the charges were exactly the same for each case. Would this be double jeopardy? Both complaints state the same: Petition to revoke probation, they both have the same charges but they are filed under 2 different case numbers
 


FlyingRon

Senior Member
If they refer to the exact same charge for the same criminal act, he can't be tried on both of them. That would be double jeopardy, but nothing prohibits duplication of the charges at this point. It's only after the trial begins on the first charge that there's a prohibition on later prosecutions.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? California

My husband was arraigned on two separate felony complaints but the charges were exactly the same for each case. Would this be double jeopardy? Both complaints state the same: Petition to revoke probation, they both have the same charges but they are filed under 2 different case numbers
Was he on probation for two separate criminal convictions? If so it is NOT double jeopardy.
 

FlyingRon

Senior Member
I missed that we weren't talking about the actual felony charges here, but petition to revoke probation.
In fact, there's no DOUBLE JEOPARDY on probation actions. The probation department can bring a revocation action any time they feel you're not in compliance with the conditions.
 

LdiJ

Senior Member
I missed that we weren't talking about the actual felony charges here, but petition to revoke probation.
In fact, there's no DOUBLE JEOPARDY on probation actions. The probation department can bring a revocation action any time they feel you're not in compliance with the conditions.
Still though, there shouldn't be two separate case numbers...that is odd.
 

LdiJ

Senior Member
There could be IF they are revoking probation on TWO DIFFERENT CASES.
Would the odds of someone being on probation for two separate cases be reasonable? It would seem to me that a second case would likely cause a revocation of probation on the first case.
 

Ohiogal

Queen Bee
Would the odds of someone being on probation for two separate cases be reasonable? It would seem to me that a second case would likely cause a revocation of probation on the first case.
Not necessarily. If the second case is resolved before the first case or if the crime in the second case took place PRIOR to the crime in the first case, probation would not be revoked. I have had clients have that happen. So it is possible that he has two cases in which probation is being revoked. Hence, two case numbers and two complaints for probation violation with the same facts.
 

Indiana Filer

Senior Member
Would the odds of someone being on probation for two separate cases be reasonable? It would seem to me that a second case would likely cause a revocation of probation on the first case.
People can be on probation for multiple offenses, each with their own cause number. For example C.F. steals a car and is pending trial. He steals another car, and ends up convicted on each charge. His probation is ordered to be served concurrently, and he then steals another car. I would file to revoke probation in each cause number, since his new offense violated both of the probation terms he is serving.
 

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