Chula Vista, CA asked in Criminal Law for California

Q: Can the San Diego adult probation department violate me for a case picked up while being supervised in Texas??

On probation in California for a felony DUI I moved to Texas and had my probation transferred however for some reason I was on probation in California being supervised in Texas so technically I was still on California probation. So while in Texas I was involved in an incident that resulted in me pleading guilty to a misdemeanor offense went in front of a judge received a consequence continued on probation with no problem. I moved back to California had probation transferred back out here once again and was just informed yesterday that my probation officers supervisor is not okay with her just making a note in my file and wants her to file an actual report which means I'll have to go in front of a judge again and could receive consequences. They are also asking if in receiving my consequences in Texas they considered my previous criminal strikes. Can they legally give me consequences in again?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information you provided, it seems that the San Diego adult probation department is considering taking action against you for the misdemeanor offense that occurred while you were being supervised in Texas. Here are a few key points to consider:

1. Interstate Compact: When your probation was transferred from California to Texas, it was likely done under the Interstate Compact for Adult Offender Supervision. This agreement allows states to cooperate in the supervision of probationers and parolees who move across state lines.

2. Jurisdiction: Although you were physically in Texas, your probation was still under the jurisdiction of California. This means that California has the authority to enforce the terms of your probation and impose consequences for violations, even if the violation occurred in another state.

3. Reporting violations: Your probation officer in California may be obligated to report the misdemeanor offense to the court, as it could be considered a violation of your probation terms.

4. Double jeopardy: The principle of double jeopardy, which prohibits being punished twice for the same offense, typically does not apply in probation violation cases. The court in California may impose additional consequences for the probation violation, separate from the consequences you faced in Texas for the misdemeanor offense itself.

5. Strikes: If you have prior criminal strikes in California, the court may consider them when determining the appropriate consequences for the probation violation.

It is advisable to consult with a criminal defense attorney familiar with California probation laws and the Interstate Compact to discuss your specific case and explore your legal options. They can help you navigate the process and advocate on your behalf.

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