Comments on: More Clarification on Double Jeopardy challenges in solicitation cases

By: Stan

Stan — Tue, 19 Mar 2019 18:17:53 +0000

This post was made for EVERYONE. Thank you for allowing it. Seriously, the situation is a mystery… Entrapment, and recharging people for the same EXACT entrapped case? It may take a while, but that doesn’t sound like it should be legal… How can you change it?

By: Florida Action Committee

Florida Action Committee — Tue, 19 Mar 2019 11:52:34 +0000

In reply to Stan.

Stan,
He would need to consult with his attorney for anything more specific than we offered.
It’s not that we’re trying to be evasive – we are just NOT a law firm and NOT attorneys. We are not licensed nor qualified to offer legal advise and if we provide an answer to an individual’s question it can be construed as such (as opposed to writing general commentary on a case to a general audience).

By: Stan

Stan — Tue, 19 Mar 2019 06:31:31 +0000

What if a defendant was charged with Traveling to Meet a Minor, AND Solicitation of a Minor, and beat both charges with an Entrapment order that was backed by the DCA… Then the same prosecutor turns around and takes the SAME charging document (Same date, time, evidence etc etc), and charges this ruled entrapped defendant with Attempted Lewd & Lascivious Battery on the same fake Minor AFTER the same course of conduct has already been ruled ENTRAPMENT? Blockburger shows there is NO difference in each case besides the statute numbers, and both charges fall under statutes “400” and literally have the exact same terminology VERBATIM! If the same course of action at the exact same date/time is already Entrapment, how is this not Double Jeopardy or at the very least ALL entrapment? No lawyer seems to be able to answer… Everyone says it’s “never happened before” and “it’s not supposed to happen.” Meanwhile it’s happening to my friend and his life is on the line! If you think you can answer, PLEASE LET US KNOW!

By: Tired Old Man

Tired Old Man — Mon, 18 Mar 2019 19:43:57 +0000

In reply to CAB. i don't think it will matter if you accepted a plea deal

By: Sc

Sc — Mon, 18 Mar 2019 18:14:57 +0000

In reply to Sc.

Also of note to the above note, derp, if you are off of probation and everything regarding your case is finished in the court system you may want to look into a “Certificate of Eligibility”
as this type of situation falls directly into the Double Jeopardy spectrum.

And no, I’m not a lawyer. Good luck!

By: Sc

Sc — Mon, 18 Mar 2019 17:47:35 +0000

In reply to Sc.

Oops @ myself,

Also of note, if your charging dates overlap each other is also considered Double Jeopardy.
For example, charge 1 is for March 16 – 19 and charge 2 is for March 19. The dates overlap and convictions for both is a big constitutional no-no.

Fwiw, I’ve talked to a few lawyers who are absolutely clueless when it comes to this. Keep searching!

By: Florida Action Committee

Florida Action Committee — Mon, 18 Mar 2019 17:47:14 +0000

In reply to CAB.

You would need to consult with your attorney for anything more specific than we offered.
It’s not that we’re trying to be evasive – we are just NOT a law firm and NOT attorneys. We are not licensed nor qualified to offer legal advise and if we provide an answer to an individual’s question it can be construed as such (as opposed to writing general commentary on a case to a general audience).
Our post is more of a “heads up – if you’re in this situation you might want to ask your attorney” type thing.

By: Sc

Sc — Mon, 18 Mar 2019 17:37:13 +0000

To further clarify,

If your charging documents have the SAME date range from say March 16 to March 19 for each charge for soliciting AND traveling, regardless of whether you accepted a plea or not, that is considered Double Jeopardy.

As always, ty FAC for info like this

By: DavidM

DavidM — Mon, 18 Mar 2019 17:17:43 +0000

Thank you very much for that information,as that could be very helpful in my case. Even though I m not in Florida. I was charged with a single case in Kansas so later removed after 10 yrs. from registry but now in Missouri they want to keep me on the registry because there were two people involved saying it is two counts. Also changing it from a misdemeanor to felony. But before I go through that I want to try to get the charges expunged in Kansas . If anyone has any helpful tips , would appreciate it. As I’m having a hard time getting any useful information out of an attorney.

By: CAB

CAB — Mon, 18 Mar 2019 16:37:11 +0000

Would this apply if the defendant took a plea deal?