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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?

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?

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Attorney answers (1)

Reputation Level 7
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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