QUESTION
I was convicted with a felony but they charged me twice with the same crime, what can I do?
Asked on May 24th, 2012 on Criminal Law - California
More details to this question:
I was convicted with a felony but they charged me twice with the same crime, what can I do?
4 ANSWERS
Hire a lawyer is what you can do.
Answered on Jun 14th, 2013 at 2:03 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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File an appeal or a motion. If you mean you were twice convicted already of the exact same crime, file an appeal based upon double jeopardy. If you mean you were already convicted and sentenced, and now the same penal code section is being charged for the exact same facts and crime, then you have grounds for a dismissal motion based upon double jeopardy. It seems unlikely they were actually duplicate convictions or charges, but it is theoretically possible that the judge, prosecutors and your attorneys all missed noticing the error and objecting at the time.
Answered on Jun 01st, 2012 at 4:36 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Charged or convicted twice? Get your public defender or lawyer to look into this. It sounds like a clerk's error.
Answered on Jun 01st, 2012 at 1:38 PM
First, it is unclear what you mean by "convicted." a) You state you were "charged" twice, but convicted once? b) Is this a case of one or two counts of a felony crime? c) Did you plead guilty or have a trial? d) Did you discuss the issue with your then attorney Second, did you file an appeal? a) When? b) If not, do you plan to hire a lawyer to file an appeal? You need to contact a lawyer in your community or a neighboring large city immediately and determine how to proceed. There are strict time deadlines in legal matters and any delay can prevent you from seeking remedial action.
Answered on May 30th, 2012 at 4:57 PM