Is it double jeopardy when you have been arrested once for DV & then a order is issued for your arrest again for the same case?
Gainesville, FL
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Posted 5 months ago in Domestic Violence
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DV battery arrest end of April, given no contact order & released on ROR. Violated no contact order next day several times, it is reported capias issued but cancelled 3 days later but no arrest. Violated no contact order mid May & arrested in the home. Given $50,000.00 bond for violating no contact order & witness tampering, (argue with wife about battery) & bond out 2 days later. Out of blue without new battery allert issued for arrest. Sheriff came to home looking for him, told last know hotel but I checked & he is no longer there. His Attorney faxed motion to withdraw capias 3 days ago & filed same the next day. No answer on motion & sheriff has not arrested/found him. No love lost but there has not been new battery how can they order arrest for same case # for battery?
Answers (1)Majid Vasigh
This attorney is licensed in Florida.
Posted 2 months ago.
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Because the first arrest was not actually dismissed. He (or she) likely missed their court date and the judge ordered the capias.
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