my son recently is locked up in the county jail, and went through the court system on drug charges, in which he was to be released on time served. Upon doing his paperwork for release they found he had a warrant for another charge. So he is being kept in the county jail. Does anyone know about double penalty laws in Michigan, and what kind of sentenance he would get, he is also on probation, so if he is found guilty it would be a probation violation.
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Well if your son already had a warrant to begin with he would have to serve the time for the warrant after he finishes serving time for the drug violation. For example: if your son did something wrong and was caught by the police and sent to prison, but then the US marshals also had a warrant on him he would have to serve the police prison sentence. And then serve the US marshals warrant sentence after. There is no way out unless it is for the same crime. If it is you would need to find yourself legal representation. You should actually get legal representation either way.
This is not the same as double jeopardy. Double jeopardy states that you cannot be charged or punished twice for the SAME crime. If these are two different crimes, then there is no such protection. In fact, the first thing the police do when arresting someone is see what other outstanding warrants the person has. If the charges are state and federal, it gets even more complicated. A person can be charged with both a state and federal offense, even if they are related.
The warrant is for an arrest, and you did not indicate what the second warrant was for. This means they believe he has committed another crime, or has unpaid parking tickets, whatever. That is a completely separate incident or case than he was originally sentenced for, and it is not uncommon. So time to consult another attorney, if it is a serious charge, and to pursue the legal system anew, tiresome and expensive as it is. This is not a case of double jeopardy.
If a probationer violates his/her probation then they can be remanded to serve the sentence incurred on the original charge. For example, say the original sentence was for 5 years, he started his probation and 2 years into the probation it was revoked. He would then have to serve the other 3 years in jail. Your scenario really doesn't imply double jeopardy.
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