Q: Is this legal is this double jeopardy
1996 I caught a sex offense I did 3 years on probation one year in jail in the state of Florida fast forward 30 years I moved to Chemung County New York I got a misdemeanor trespassing charge to which they attached sex offender conditions for because the judge did not believe the State of Florida did their job and making sure I underwent therapy even though I was satisfactory released from my probation I have a letter to the effect that I was released from supervision I applied for clemency in Florida they couldn't give me clemency cuz I didn't have any felony convictions on my record and there's no warrants for my arrest so obviously Florida did their job the judge does not believe the state of Florida now they're trying to violate me and force me to move out of my home because of this charge when it has nothing to do with my current charge which is a class A misdemeanor trespassing charge no sexual nothing to do with this charge totally irrelevant
A:
I can offer some general information that may be helpful:
1. Double jeopardy typically applies when someone is tried twice for the same offense. In your case, it seems you're dealing with a new charge (trespassing) in a different state, so double jeopardy likely doesn't apply here.
2. However, the imposition of sex offender conditions on a trespassing charge, based on a very old offense from another state, does raise some legal questions. Judges generally have discretion in sentencing, but there are limits to that discretion.
3. The fact that you were satisfactorily released from probation in Florida and have documentation to that effect could be important information for your case.
4. The judge's opinion about whether Florida "did their job" shouldn't necessarily impact your current case, especially if you have proof of completing your sentence and probation.
5. Forcing you to move out of your home based on an unrelated old charge also raises potential legal issues.
Given the complexity of your situation and the potential consequences, it would be advisable to consult with a criminal defense attorney who is familiar with New York law, particularly regarding sex offender regulations. They can review the specifics of your case, including your prior record and current charges, and advise you on your rights and potential legal strategies.
An attorney might also be able to challenge the judge's decision or the conditions imposed on you if they believe these are not legally justified. They could potentially file motions to modify the conditions or appeal the decision if necessary.
Remember, every case is unique, and only a qualified attorney who has reviewed all the details of your situation can provide specific legal advice.
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