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Fred

Can you be charged and convicted twice on one crime?

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I am wondering if a person can sue the county if they accidentally charged and convicted the person twice on one crime. The incident kinda goes like this, the person committed a small crime and was booked in to the county jail. He goes to court and the court orders him to do community service, then they book him again and he does his day in jail or whatever. Years later he goes to court for something else but it is in the same type of class of crimes and it shows he was convicted twice for the same crime. He was then looking at more jail time because he had two convictions in property crimes.

 

Is this legal? And what should this client do?

Edited by Fred
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Ok, let's say that Amy steals something from a store on 3/5/2014. She is caught, charged with shoplifting, and convicted. She gets probation and a fine. She completes her probation and pays her fine.

 

Then on 5/7/2018 she steals an item from another store. She is caught, charged again with shoplifting and convicted. While the charge is the same as before, it is not the same crime. It is a separate crime because it was a separate criminal act that she committed. The court takes into account her earlier 2014 conviction and this time sentences her to 30 days in jail and probation after. All of that is legal. The laws of pretty much every state allow for taking into account prior crimes when determining sentencing on the current conviction. It makes sense because those who commit a crime again obviously didn't learn from the first conviction and a more serious punishment is therefore needed to drive the point home and hopefully ensure that the person doesn't go out and commit more crimes.

 

If this doesn't answer your question you'll need to be more clear about the facts and what it is you want to know.

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Please explain further.  According to your post the person only went to court once but was "booked" twice.  Why was the person "booked" twice.  If there was only one conviction, that is all that should be considered.

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11 hours ago, Tax_Counsel said:

Ok, let's say that Amy steals something from a store on 3/5/2014. She is caught, charged with shoplifting, and convicted. She gets probation and a fine. She completes her probation and pays her fine.

 

Then on 5/7/2018 she steals an item from another store. She is caught, charged again with shoplifting and convicted. While the charge is the same as before, it is not the same crime. It is a separate crime because it was a separate criminal act that she committed. The court takes into account her earlier 2014 conviction and this time sentences her to 30 days in jail and probation after. All of that is legal. The laws of pretty much every state allow for taking into account prior crimes when determining sentencing on the current conviction. It makes sense because those who commit a crime again obviously didn't learn from the first conviction and a more serious punishment is therefore needed to drive the point home and hopefully ensure that the person doesn't go out and commit more crimes.

 

If this doesn't answer your question you'll need to be more clear about the facts and what it is you want to know.

As long as the same crimes were committed at different times, the culprit is liable. I am sure you are not bringing in an instance of Double Jeopardy which is different from this scenario. In the latter it simply means one cannot be punished twice for a single crime he/she committed. If a court of competent jurisdiction has already applied punitive measures for a crime, another court cannot prescribe further punishment for this same crime... But in any case refer to a legal expert on this matter. 

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