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A second charge after already serving time.


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#1 alreadyserved2007

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Posted 28 January 2013 - 02:20 PM

My husband was charged in Feb. 2007 with Conspiracy to Manufacture and served his time he got out in 2008. He is also already off parole. Now we have found out that he was charged again in May 2007 but never was prosecuted for it. What options does he have, he is guilty of the crime he did it, but he already served for the first crime. He was released for good behavior and payed all his fines, and was also released from parole for good behavior. Please Help!!!

#2 TheGeneral_KD

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Posted 28 January 2013 - 09:10 PM

I'm sure he isn't being charged a second time for the same count, that is to say, the same act. It might be the same behavior, but not the same act. If you rob a store in February, and rob the same store again in May, it's two separate counts. That sounds like what this is, even if they were only one day apart. Of course, if he was being charged again for the EXACT same act, his attorney would have the easiest layup of a "double jeopardy" case that he or she could ever imagine....but I seriously doubt that's the case. He needs to speak to an attorney in your jurisdiction quickly. Prosecutors are humans, and they can be reasoned with.

#3 Guest_FindLaw_Amir_*

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Posted 29 January 2013 - 10:57 AM

I agree with the previous poster, your husband needs to consult with a local Criminal Defense Lawyer ASAP to advise him of his rights.

#4 caselaw_4466

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Posted 07 March 2013 - 12:43 AM

My husband was charged in Feb. 2007 with Conspiracy to Manufacture and served his time he got out in 2008. He is also already off parole. Now we have found out that he was charged again in May 2007 but never was prosecuted for it. What options does he have, he is guilty of the crime he did it, but he already served for the first crime. He was released for good behavior and payed all his fines, and was also released from parole for good behavior. Please Help!!!


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#5 adjusterjack

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Posted 07 March 2013 - 06:35 AM

My husband was charged in Feb. 2007 with Conspiracy to Manufacture and served his time he got out in 2008. He is also already off parole. Now we have found out that he was charged again in May 2007 but never was prosecuted for it. What options does he have, he is guilty of the crime he did it, but he already served for the first crime. He was released for good behavior and payed all his fines, and was also released from parole for good behavior. Please Help!!!


Help for what?

Is he being prosecuted for it now?

If not, maybe it's best to let sleeping dogs lie.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.



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