can they charge me twice?

[jonb]

What is the name of your state?What is the name of your state? tx

My 16 yr old was arrested for burglary of a vehicle because they found a stolen camera in his room during a search. He went before the judge for a detention hearing. The judge read the papers but said he could not find probable cause that the 16 yr old was connected because the police failed to provide the evidence they had along with the search warrant I guess. They were missing some paperwork I guess. It was their mistake, a technicality... but they released him with no charges...

My question is...can the 16 yr old be arrested for the same thing when they finally have their paperwork together? Or since he was released... is it all over?

 

[CdwJava]

They can re-file. If there was a fatal flaw with the warrant, they might lose some evidence, however. But if it was a timing issue with regards to probable cause to hold him over for trial, they can come back.


- Carl

 

[Speed Racer]

Juvenile Deliquent

I would say they can recharge him under the circumstances. It's not double jeopardy cause he was "merely detained". Yes they charged him with auto burglary prematurely but let him out with the D.A.'s option to refile. I am certain he has a new case #. If not caught in the act of stealing the vehicle then it should be possession of stolen property. Just because he's in possession of the camera doen't mean that it's a crime either. If it were purchased at the flea market, garage sale, ect. then it is the D.A.'s burden to prove that he did not acquire legitimately.I'll bet this is not your boys first encounter with the law. I would probably guess that one of his friends got caught in the car and told on him, if thats the case he'll probably get alittle time. Sounds like they want to teach him a lesson. Sometimes it's better to be honest with the police and face the music.

I am an ex-convict, I know the path he is taking in life and it only gets worse. Kick his ass and pay attention to what your boy is doing, get more involved in his life but hold him accountable.

Speed Racer.

 

[seniorjudge]

Have you asked the arresting officers if they plan to re-file?

Maybe if your kid spills the beans on the other ones, he could get another break.

Just a thought.

 

[jonb]

We have not asked the officers anything.

My son did however tell the poice who he thinks commited the crime. The boy we think broke in the car was missing the night of the crime and his mother called me the next day looking for him.

 

[rmet4nzkx]

We have not asked the officers anything.

My son did however tell the poice who he thinks commited the crime. The boy we think broke in the car was missing the night of the crime and his mother called me the next day looking for him.

Is that because of the drug related charges pending against you?
https://forum.freeadvice.com/showthread.php?p=833660#post833660

 

[seniorjudge]

Methinks we have not heard all the facts.

 

[rmet4nzkx]

Methinks we have not heard all the facts.

Amazing how they flee once questioned.

 

[seniorjudge]

Amazing how they flee once questioned.

I'll bet those quacker heads are squiblings!

 

[jonb]

as far as I know there are no drug charges pending especially against me. I do not use drugs

 

[ENASNI]

Hey!

I'll bet those quacker heads are squiblings!

You just couldn't wait to use "quacker heads" in a post... are you sure this thread is worth it.

If Jonb is really in the middle of a conspiracy he needs a lawyer and to stop quadruple posting.

If Jonb is pulling our legs I am taking him to Michigan and suing him for my abnormal gait problem.$$$

Oh and judge... I am asking Mary if I can have exclusive rights to the word "Methinks" so watch it...

 

[seniorjudge]

"Oh and judge... I am asking Mary if I can have exclusive rights to the word "Methinks" so watch it..."

Forsooth and Nunnery!