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hunnybee1967

Double Jeopardy ??

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I was found guilty of simple domestic violence in justice court and because of that I was revactied in circuit court and sent to spend a year at mdoc but when i was in justice court they fined me 317.00 and 3 months of probation I don’t think I should have to pay that fine or do the probation because I spent a year in prison wouldn’t that be like Double Jeopardy or res judicata 

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First, "revactied" isn't a word.  If you are saying you were on probation or parole from a circuit court conviction at the time you picked up the DV case and then your probation and parole were violated because of the new offense, the answer is NO, it's not double jeopardy or res judicata. 

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I'm not familiar with Mississippi law.

 

Did you have an attorney in Justice Court?

 

Regardless, you should get time credit in Circuit

Court for whatever time that you actually served

as a result of Justice Court sentence.

 

As an analogy, the Indiana Court system has City

& Town Courts. If found guilty in City Court, a Defendant

can seek a trial de novo in a higher court (either

Circuit/ Superior) by timely requesting transfer of the

City Court case to the higher Court.  The person's

sentence in the higher Court if again found guilty

can then be no more severe than rendered by

the lower City Court. 

 

Maybe that's what you're referring to or maybe

under Mississippi law, Justice Courts don't have

the statutory jurisdiction to revoke and that can

only be done by Circuit Courts? If you had a

Mississippi attorney at either stage of your case(s),

I suggest that you ask him/her. 

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You only served time for the parole violation based upon the new conviction.  Parole is a conditional release and that's how it works when you are on probation or parole and violate it by committing a new offense.  You get punished for the new offense and you get punished because you didn't obey the terms of your release. 

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This has nothing whatsoever to do with the subject matter of this board (how to do legal research).  It ought to be on one of the criminal law boards.

 

You're not paying twice for the same crime.

 

When you were convicted of the first crime, you apparently either got probation or were released on parole (you didn't say which).  One of the conditions of your probation or parole was that you not commit any new crimes and that, if you did commit any new crimes, you would be revoked and incarcerated.  All this would have been set forth clearly in your probation/parole paperwork.

 

Therefore, by committing a second crime, you not only get punished for that crime, you violated your probation/parole and are also punished for that.  None of this should be a surprise.

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