subject
Law, 29.11.2021 01:00 daemonacoster

Eric is a Missouri resident and a sentenced offender. He was sentenced to three years of probation with the following conditions: 1. He must not violate any law of any state or any local ordinance.

2. He must report to Probation Officer Greg James monthly at a predetermined time.

3. He must not use any illegal substance or alcohol and must also submit to random testing.

4. He must obtain permission from Probation Officer James before traveling out of Missouri.

In his second year of probation, Eric was captured by store detectives stealing a satellite radio system from an electronics store in Orlando, Florida. The Orlando Police Department responded to the scene and investigated. After interviewing the store detectives, they issued Eric a misdemeanor appearance citation for shoplifting. The appearance citation contained a mandatory court date for the following month.

Approximately three months later, Probation Officer James received a letter from the local district court in Orlando, Florida. The letter informed James that probationer Eric was in Orlando in January, received a misdemeanor violation for shoplifting, and has since failed to report for the scheduled court date; a warrant has now been issued by the Orlando District Court. James reviewed probationer Eric’s file and found no record of any request to leave the state for any type of travel. Eric’s home address is listed as Springfield, Missouri.

Probation Officer James prepared all of the paperwork required to initiate probation revocation proceedings against Eric. James also sent Eric written notice that the terms of his probation had been breached and that his probation had been placed in jeopardy. The notice informed Eric that a hearing had been set for the probation revocation. During the hearing, Eric will have an opportunity to present evidence on his own behalf.

On the date of the hearing, Eric and James arrived at the courthouse to present their arguments before the presiding judge. During the hearing, Probation Officer James presented evidence supporting the alleged breach of the conditions of probation. He presented sworn statements from Orlando store detectives regarding the shoplifting incident and sworn statements from the Orlando police officer who issued Eric the misdemeanor appearance citation. Eric responded to the allegations by testifying that the Orlando misdemeanor case was a case of mistaken identity and that he was at home in Missouri during that time. James rebutted Eric’s testimony by restating that his witnesses (through their sworn statements) could attest to the fact that Eric was in fact arrested in Orlando for shoplifting the satellite radio system on the date in question. At the close of all testimony, the judge sent the courtroom into a fifteen-minute recess so that he could review all of the testimony and reread the sworn statements from the absent witnesses.

Approximately fifteen minutes later, the judge returned to the bench and announced his decision that Eric had violated the conditions of his probation agreement and should now be sent back to prison to serve out the remainder of the original sentence. The judge added that Eric will face the shoplifting charges upon release from prison. The court then served Eric with a written order stating all of the reasons for the probation revocation.

Can Probation Eric be prosecuted for shoplifting after release from prison, or would that constitute double jeopardy?

ansver
Answers: 1

Other questions on the subject: Law

image
Law, 03.07.2019 15:10, stodd9503
Which of the following is not a major type of cybercrime reported to the ic3? a. government impersonation scams b. advance fee fraud c. identity theft d. malware fraud
Answers: 1
image
Law, 09.07.2019 04:20, kellysmith45
September 10, 2016: you’ve been assigned to investigate a hit-and-run incident. when you arrive at the scene, it’s raining and foggy. the roads are slick. it looks like the crash occurred during the early evening, about 5: 30 pm, a couple hours before dark. you notice a green 2010 chevrolet camaro lying off the road on an embankment and a blue 2014 toyota camry several yards back. both vehicles are damaged. robert b., the driver of the camaro, had severe back injuries and was taken to the hospital. the only witness is the toyota driver, fred h. fred h. was driving in the right lane when the accident occurred. according to fred, a red ford pickup truck (year and model unknown) suddenly swerved across the highway from the left lane. the pickup truck hit the front left side of the camaro in one of the center lanes, pushing it off the road before speeding away. the camaro lost control and sideswiped the toyota as it skidded across the highway, denting the toyota’s left side panels. the camaro then skidded across the grass to the right of the highway and crashed into a low concrete wall. the hood and both sides of the camaro have extensive damage. the toyota driver pulled up behind the camaro and called the police. the accident occurred near miami, florida, on i-95 northbound, a 5-lane highway. it happened just before the exit 16 offramp. fred h. and robert b. both passed breathalyzer tests. neither had any passengers in the car. as you search the scene, you notice: tire tracks/skid marks left on the pavement deep red scrapes across the camaro’s panels and green scrapes across the toyota’s panels broken car window fragments of a hood or panel a torn rag an empty beer can deep tire marks and footprints in the mud of the embankment at the scene use the information above to answer the following questions. for each of a – e above, give an example of a type of evidence you could collect from that item and how you would collect it. (one to two sentences each) fill out a crash form for the incident. use the form florida crash report and use the information in the description above to create a brief three- to five-sentence summary for the “narrative” section. use the witness’s description to draw a diagram of the incident. if you can’t find a piece of information for the form, just leave that part blank. impression evidence three separate tire marks were collected from the scene. the marks were found in a pattern that supports fred’s version of events. three tire tread marks, a, b, and c. tire a appears to be worn flat in the middle from overinflation, tire b is narrow and appears worn on the outside edges, tire c looks normal and is not worn at all tires leave different types of marks based on their wear patterns. for example, tires that are constantly flat will leave different impressions than tires that are normally inflated or overinflated. the tires tend to wear out on the parts that are most exposed to the road. you checked out the tires of the two vehicles at the scene. here’s what you found: two tires side by side. a camaro tire which appears to be in good shape, and a toyota tire which appears worn on the outside edges the camaro had normal tires, but the toyota’s tires were a little flat and overly worn on the outside edges. the condition of the red ford truck’s tires is unknown. match the three impressions with the cars that most likely created them. what can you hypothesize about the red pickup’s tires? could this have anything to do with the accident? explain your answer. (two to four sentences) a red pickup fitting fred’s description was later seen running a stoplight. police pulled it over for a check. its tire impressions looked like this: a single tire tread mark which appears worn on the outside edges based on the evidence, do you think this was the same red pickup that rammed the camaro? why or why not? (one to two sentences)
Answers: 3
image
Law, 09.07.2019 22:10, charmrenee
In which system of gonvernment would states function independently of each other?
Answers: 2
image
Law, 10.07.2019 04:40, deflox74
Idid a trial but its not letting me view the questions without signing me out.
Answers: 1
You know the right answer?
Eric is a Missouri resident and a sentenced offender. He was sentenced to three years of probation w...

Questions in other subjects:

Konu
Mathematics, 18.11.2020 01:20
Konu
Mathematics, 18.11.2020 01:20
Konu
English, 18.11.2020 01:20
Konu
History, 18.11.2020 01:20