Q: Last year I went to court for a probation violation I was unable to pay my fine the judge said she could not violate me
They are trying to violate me again for the exact same thing that I have already been to court for. I am not able to work due to mental health and my therapist also sent this to court last year I am not released to work. Does double jeopardy apply to violations? And my probation has been up and they filed this after it expired
A: The double jeopardy clause of the Fifth Amendment to the United States Constitution prohibits anyone from being prosecuted twice for substantially the same crime by the same jurisdiction. But that would not apply to an alleged violation of a condition of probation. In Minnesota, the law allows a probation revocation hearing after the expiration of the period of probation for a limited time (depending on offense level), as long as the violation took place during the probationary period. Also, I've seen court extend the probationary period where the defendant was not able to pay off financial obligations within the original (shorter) probationary period. Be sure to discuss possible defenses with your lawyer.
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