June 15, 2016

Asked 6/13/2016 – Dayton, TX

I plead guilty to an assault charge with a deadly weapon(Caulking gun) the judge in that county put me on 2years probation and I’m not able to go around the victim for the next 2years but In a different county the victim went and press charges on me again for the same charge that he had already press charges on me and I’m doing probation for. I went to court thinking this judge would throw it out cause the altercation happen in a whole different county and I had already been put on probation. This judge ended up adding to my probation. Can they do that?

Answer

Something is not right. Did you have an attorney represent you on the second case? Once a case is finalized, you cannot be tired twice for the same thing; this is called double jeopardy. There must me an allegation that there were two different altercations, one in one county, another in the second county. You need to speak with a local attorney ASAP. Bring a copy of the probation order in each case (and the arrest reports, if you have them)

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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