If you got a probation violation for theft and you did your time can you do time again for a different type of theft?

Asked over 1 year ago - Irwindale, CA

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?

Attorney answers (3)

  1. Nicholas Maurice Rosenberg

    Contributor Level 14

    3

    Lawyers agree

    Answered . 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.

    www.losangelesdefenders.com

  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Seth Andrew Weinstein

    Contributor Level 15

    2

    Lawyers agree

    Answered . 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
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more

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