i got a probation violation for theft, went to court got sentenced and i finished that sentence time served and taken off probation but then a week after i got released the victim that i stole from found another missing item but this item was taken at the same time the theft i got a violation for and finished my sentence for..now I'm being charged for grand theft firearm and they are including the other items that were taken for that violation...I'm wondering can i get time again for an added missing item that was taken and i already served that sentence for the violation and was let off probation?
Administrative Law Lawyer
This is a good question. It would be grounds for a Serna Motion and a 6th Amendment claim that you have already been tried. However, Judges usually let DA's get away with charging undiscovered evidence at a later time. I suggest you contact me to discuss your case in further detail.
Seth Weinstein, Esq.
Southern California Criminal Defense Attorney
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
2 lawyers agree
Criminal Defense Attorney
This is a potentially complicated question because it it were at the trial level, I would discuss the case of Kellett. I would consult with an attorney in your area as to whether the newly discovered missing item can be charged as a separate violation when you have already been convicted of a probation violation based upon the same conduct and transaction. Good luck.
Criminal Defense Attorney
Interesting matter. A Serna motion may be in order. In addition, there's not enough facts to determine whether there is an issue with the statute of limitations or double jeopardy. I suggest contacting an attorney to review the facts and develop a strategy. Many reputable attorneys offer a free consultation. I suggest meeting with at least one soon while the facts are still fresh in your mind. Not only for that reason, but by contacting an attorney early you have an opportunity to confer with the prosecution beforehand with the possibility of having the charges rejected altogether before the court date.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.