- Jurisdiction
- Washington
Case1
Date of incident 5-27-11
Date of arrest 6-27-11
Theft of bike from a citizen
2nd amended to 3rd theft at July 19 plea setting
Plea statement based on affirming the allegations exactly as stated in the police report
Case2
Date of incident 6-27-11
Date of arrest 6-27-11
Theft of bicycle tools from same location as where bike theft occurred a month earlier
3rd theft (city)
At this 4-19-12 pretrial hearing there was a plea statement already written out for me stating " in my own words" the elements of the crime that I was to confess to in exchange for the prosecutors recommendation for a lenient sentence at final judgement.
For whatever reason it was, the plea statement that should have been for the tools (which I didn't know at the time) ended up being for the bike, as it states in the plea that on 6-27-11 I did attempt to steal a bike from a citizen.
The problem:
When on 4-19-12 that case2 plea was accepted, entered and given a final judgement; the case1 proceeding was still a pending matter in district court, which was for the same bike theft that case2 had mistakenly convicted and sentenced me for three months prior.
So on 7-19-12 I was convicted and sentenced for the second time for the same bike theft. the plea statement was based on my agreeing to the content of the police report; which was on the basis of the bike theft.
Any questions, just ask. I know the presentation kinda sucks.
I'm just wondering if when double Jeopardy is found to have occurred, does the person who was subjected to it then become subject to a financial award in a civil claim?
This being an amount separate from the wrongful imprisonment that would attach with it.
Date of incident 5-27-11
Date of arrest 6-27-11
Theft of bike from a citizen
2nd amended to 3rd theft at July 19 plea setting
Plea statement based on affirming the allegations exactly as stated in the police report
Case2
Date of incident 6-27-11
Date of arrest 6-27-11
Theft of bicycle tools from same location as where bike theft occurred a month earlier
3rd theft (city)
At this 4-19-12 pretrial hearing there was a plea statement already written out for me stating " in my own words" the elements of the crime that I was to confess to in exchange for the prosecutors recommendation for a lenient sentence at final judgement.
For whatever reason it was, the plea statement that should have been for the tools (which I didn't know at the time) ended up being for the bike, as it states in the plea that on 6-27-11 I did attempt to steal a bike from a citizen.
The problem:
When on 4-19-12 that case2 plea was accepted, entered and given a final judgement; the case1 proceeding was still a pending matter in district court, which was for the same bike theft that case2 had mistakenly convicted and sentenced me for three months prior.
So on 7-19-12 I was convicted and sentenced for the second time for the same bike theft. the plea statement was based on my agreeing to the content of the police report; which was on the basis of the bike theft.
Any questions, just ask. I know the presentation kinda sucks.
I'm just wondering if when double Jeopardy is found to have occurred, does the person who was subjected to it then become subject to a financial award in a civil claim?
This being an amount separate from the wrongful imprisonment that would attach with it.