Can a person get charged with the same crime twice ,for violatin probation

Asked about 4 years ago - Seguin, TX

my daughter got charged with umv she got 3 years probation,she violated probation and got arrested now they want to charge her again with the same charge

Attorney answers (3)

  1. Cynthia Russell Henley

    Contributor Level 20

    Answered . Unless there is a new charge of UUMV against your daughter, it is likely that they are simply wanting to revoke her probation (or adjudicate her guilt if she got deferred) on the case on which she was on probation. If your daughter was on deferred, then she is looking at potentially the full range of punishment. If she got 3 years straight probation, then the most she can get in prison is 3 years. (That is, unless she picked up a new case. She can get whatever time in addition to the probation violation for the new case.)

  2. James Morris Balagia

    Pro

    Contributor Level 14

    Answered . Seguin has a strange way of handling criminal cases but they cannot violate the Double Jeopardy clause of the U.S. Constitution unless you lawyer remains silent. More than likely Ms. Hensley is correct in that the original case is being brought back in front of the judge. Make sure you get a good criminal defense attorney to help you out in Seguin as the probation department there likes to push people around. I have handled Felony Probation Revocation hearing the Seguin over the years. Call my office in San Antonio to discuss this further if you wish.

  3. Carolyn F. Horton Mcdaniel

    Contributor Level 13

    Answered . She can not be charged with the same crime twice. They likely filed a Motion to Revolk her Probation. They could do anything from giving her jail time to extending her probation with additional conditions depending on what she did to violate her probation.

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