VOP jurisdiction?

[Gracie3787]

What is the name of your state? Florida
I have some questions that I hope someone can answer or point me in the right direction to find the answers. The situation:

Highlands County and Polk County are in the same judicial circuit.
In 1996 defendant (D) was convicted of a felony in Highlands Co., recieved sentence of 2 yrs house arrest followed by 5 yrs. probation.

In 1999 (D) was given permission to move to Polk Co. (D) registered and changed DL address to Polk Co. as required.

In 2001 (D) violated probation by changing DL address 1 day late ( moved from one address in Polk Co. to another address in Polk Co.)
(D) was brought back to Highlands Co. for VOP hearing- sentenced to 5 yrs additional probation.

In March 2004 (D) was arrested in Polk Co. for VOP- alleged failure to register and for having porn on computer (was set up by wife- another story). (D) accepted a plea agreement of 28 months incarceration with no further probation upon completion of sentence. This was all in Polk Co. under a different case number than the original one in Highlands Co.

In Sept. 2005 Highlands Co. filed a VOP affidavit and placed a hold on (D)'s release from prison. Violations alleged are the SAME VOPs that Polk Co. already sentenced on. In May 2006 (D) finished sentence and was transferred to Highlands Co. jail, is there today.

Somehow in all this (D) ended up with 2 different case numbers for the same case- one in Highlands and a different one in Polk. (D) is classified as a sex offender (not a predator), if that makes a difference in the answers.

My questions are:

1. When Highlands Co. gave permission for move to Polk Co. were they supposed to relinquish jurisdiction to Polk?
In other words- Can 2 counties (in the same judicial circuit) hold jurisdiction over 1 single case?

2. I heard somewhere that the county in which VOP occured shopuld be the county that has jurisdiction to sentence for that VOP, is that correct?

3. Apparently, regardless of jurisdiction, if one county sentences, it should be a bar to another county sentencing for the EXACT SAME OFFENSE. Fl Statute 910.11(2) When a person may be tried in two or more counties, a CONVICTION or acquittal in one county shall be a BAR to prosecution FOR THE SAME OFFENSE in another county.
Am I understanding this correctly, that because Polk Co. has already sentenced, Highlands Co. must recognize it and cannot resentence for the SAME VOP?

4. Is a VOP a seperate offense, or is it considered to be an extension of the original offense?

Any ideas, suggestions, citations, any help at all will be greatly appreciated. Thanks.
Gracie

 

[seniorjudge]

1. When Highlands Co. gave permission for move to Polk Co. were they supposed to relinquish jurisdiction to Polk?

A: No.



In other words- Can 2 counties (in the same judicial circuit) hold jurisdiction over 1 single case?

A: No.



2. I heard somewhere that the county in which VOP occured shopuld be the county that has jurisdiction to sentence for that VOP, is that correct?

A: No.



3. Apparently, regardless of jurisdiction, if one county sentences, it should be a bar to another county sentencing for the EXACT SAME OFFENSE. Fl Statute 910.11(2) When a person may be tried in two or more counties, a CONVICTION or acquittal in one county shall be a BAR to prosecution FOR THE SAME OFFENSE in another county. Am I understanding this correctly, that because Polk Co. has already sentenced, Highlands Co. must recognize it and cannot resentence for the SAME VOP?

A: Each crime must be sentenced separately; a defendant cannot be sentenced twice for the same crime.



4. Is a VOP a seperate offense, or is it considered to be an extension of the original offense?

A: It is not a separate offense; it is a violation of a court order which will cause the original charge to be brought back to life.

 

[garrula lingua]

Depending on the offense itself, a VOP can be both: Probation Violation on case #1, and a new filing on case #2.
For instance, defendant is on probation for grand theft in case #1 & pleads on 6/1/06;
on 7/1/06 defendant is charged with a separate offense of theft. This results in a filing of case #2 and also a Probation Violation of case #1.
Defendant can go to prison on case #1 because of the PV (he violated the probation terms) & he could get a new sentence of state prison (consecutive - after the other sentence) for the new offense.

Technically, he is being punished for two different cases of theft; but the theft that triggered the punishment in state prison (PV) is also the new case.

One offense, two sentences, but two different cases.
The grant of probation was based upon defendant obeying all laws, or state prison sentence would be imposed. He didn't obey all laws - he re-offended. And the 're-offense' is a separate crime.

No double jeopardy - two different theft offenses, two different sentences.
Def just lost his 'get out of jail free' pass on theft #1 when he committed second crime.

Moral of the story: sin no more (especially when you are on probation & vulnerable).

 

[Gracie3787]

1. When Highlands Co. gave permission for move to Polk Co. were they supposed to relinquish jurisdiction to Polk?

A: No.



In other words- Can 2 counties (in the same judicial circuit) hold jurisdiction over 1 single case?

A: No.



2. I heard somewhere that the county in which VOP occured shopuld be the county that has jurisdiction to sentence for that VOP, is that correct?

A: No.



3. Apparently, regardless of jurisdiction, if one county sentences, it should be a bar to another county sentencing for the EXACT SAME OFFENSE. Fl Statute 910.11(2) When a person may be tried in two or more counties, a CONVICTION or acquittal in one county shall be a BAR to prosecution FOR THE SAME OFFENSE in another county. Am I understanding this correctly, that because Polk Co. has already sentenced, Highlands Co. must recognize it and cannot resentence for the SAME VOP?

A: Each crime must be sentenced separately; a defendant cannot be sentenced twice for the same crime.



4. Is a VOP a seperate offense, or is it considered to be an extension of the original offense?

A: It is not a separate offense; it is a violation of a court order which will cause the original charge to be brought back to life.

Thank you for responding. Your answer to #3 is what the problem is in this case- 2 counties are going to impose a sentence for the same VOP. IF (D) had violated twice, once in each county, or even twice within one county it is easy to understand why there would be 2 sentences. However, in this particular case the (D) did NOT have 2 VOPs. It's all so darn confusing. Anyway, thanks for responding.
Gracie

 

[Gracie3787]

Depending on the offense itself, a VOP can be both: Probation Violation on case #1, and a new filing on case #2.
For instance, defendant is on probation for grand theft in case #1 & pleads on 6/1/06;
on 7/1/06 defendant is charged with a separate offense of theft. This results in a filing of case #2 and also a Probation Violation of case #1.
Defendant can go to prison on case #1 because of the PV (he violated the probation terms) & he could get a new sentence of state prison (consecutive - after the other sentence) for the new offense.

Technically, he is being punished for two different cases of theft; but the theft that triggered the punishment in state prison (PV) is also the new case.

One offense, two sentences, but two different cases.
The grant of probation was based upon defendant obeying all laws, or state prison sentence would be imposed. He didn't obey all laws - he re-offended. And the 're-offense' is a separate crime.

No double jeopardy - two different theft offenses, two different sentences.
Def just lost his 'get out of jail free' pass on theft #1 when he committed second crime.

Moral of the story: sin no more (especially when you are on probation & vulnerable).

Thank you for responding. In this case there has been only 1 offense- lewd act/child under 16 (long sad story- 18 yr old was lied to by "17" yr old and her parents). There has never been a "second" crime, only a technical violation of probation. (D) has never even recieved so much as a traffic ticket, much less committed any other crimes.
I'm in the process of getting copies of both case files and maybe I can figure things out from there. I know that the public defender is pretty much useless, and the jail doesn't give inmates any acess to a law library, so I'm doing what I can to help.
I fully understand that when someone commits a crime they should be punished, that's fine, but it's so frustrating to see someone who is in no way a danger to society be locked up twice for the exact same thing, while the truly dangerous ones go free. Sorry, just venting.

I do have another question though, is there any website available where I can look over the Federal Rules of Criminal Procedure? I've tried to find one, but haven't been able to. Thanks.
Gracie

 

[garrula lingua]

Gracie, I must be missing something ... are you saying only one crime was committed and two jurisdictions are punishing ? That is unconstitutional. Unless ...

If the charge is 'lewd act', Polk may be charging for acts committed, in Polk County, on XXX date, and Harris County is charging for acts committed on YYY date, in Harris County.

That would be two separate crimes; two separate cases.

If you're saying the 'act' was only committed one time (therefore, only in one county), and two counties are charging in separate cases, this is wrong. An atty can straighten this out very easily.

Regarding VOP, this can be as simple as not reporting or reporting late, or not cooperating with Probation regarding employment or schooling (called 'internal violations'). They would not be a separate case, only a VOP.

 

[CdwJava]

Here's an example ...

We had a probationer living in our jurisdiction from another county. He was here with permission from all parties (my county and the county he was on probation from). He commited a domestic violence offense in my county and he was already on probation for an unrelated DV in the other county - his home county. When we arrested him for our DV his home county also filed for VOP. He was tried for the new charges in my county and was also sent to court for a VOP in his home county. He ultimately spent time in jail in two counties for the offense (for the new offense in my county and for the previous offense via VOP in the home county).

- Carl