Jump to content
Black8015

Married Owners being charged/prosecuted individually for same violation of city ordinance.

5 posts in this topic

Myself and my legally married husband(we're a gay married couple) co-owner of our residence, which was purchased after our marriage are being charged and prosecuted separately for city ordinance violations.  With each violation we have been written separate tickets and have individual court cases for the exact same violation.  Is this legal or is it a form of double jeopardy?

Share this post


Link to post
Share on other sites

Double jeopardy applies when a person is charged with a crime and is acquitted.  He or she cannot then be charged with the same crime.  So, no, the facts you stated do not constitute double jeopardy.  

 

Based on what you described, the charges on both owners might be appropriate since you are both responsible with complying with the city's laws.

Share this post


Link to post
Share on other sites

I've never heard of a husband and wife being ticketed separately for the same violation.  Isn't it actually a charge against the property being in violation of the ordinance.  In the past, when our dog would eacape the fenced area, the police would show up and write one ticket for dog at large in violation of a city ordinance.

Share this post


Link to post
Share on other sites
7 hours ago, Black8015 said:

Myself and my legally married husband(we're a gay married couple) co-owner of our residence, which was purchased after our marriage

 

My guess is that the problem is how your deed is written. Your deed is where government agencies get the property ownership information. It might be ambiguous as to whether you are married co-owners or single co-owners.

 

2 hours ago, Black8015 said:

Isn't it actually a charge against the property being in violation of the ordinance

 

No. It's a charge against the people who own the property. Property has no arms, legs or brains and has no capacity to violate anything.

 

7 hours ago, Black8015 said:

With each violation we have been written separate tickets and have individual court cases for the exact same violation.  Is this legal

 

Yes.

 

2 minutes ago, pg1067 said:

So...hire a lawyer and ask that the separate cases be consolidated.

 

Or cure the violations first, submit proof (photos and documents) and ask that each case be dismissed.

 

 

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×