My son was revoked off his probation because a friend had stolen a gun and hid it in his bedroom, it was found after my son gave consent to search the room..not knowing it was there. Because his revocation involved a gun, he was sentenced to the max for his original crime. He is now being charged with stealing the gun along with his friend. Hasen't he already been punished for this crime, or can he, in fact, be charged again?
The sentence he was given at his revocation was to punish him for the original crime(s) that he was convicted of that he was put on probation for. He will only be punished for the alleged act if he is actually convicted of that alleged act. I would highly recommend that he talk to an attorney as soon as possible about his new charge(s).
Yes, he can be charged for stealing the gun. The important thing to remember is that the probation was based on the older charge. Committing a new crime (possibly among other violations) is why he was revoked off that probation. And that old crime is what he was punished for.
He can be punished for this. When his probation was revoked, he was punished for the crime that the probation was for, not for stealing a gun. If your son was on probation no consent was needed to search his room. He needs a criminal defense lawyer, there, now.
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