Can a person be charged with flagrant non-support more than once on the same child if he has served felony time once on it?I say it is double jeopardy because it is criminal and I know a person has...

Can a person be charged with flagrant non-support more than once on the same child if he has served felony time once on it?

I say it is double jeopardy because it is criminal and I know a person has continuing obligations, but can only be charged with contempt once the felony time is done

Expert Answers
dano7744 eNotes educator| Certified Educator

This situation does not fall under the double jeopardy clause and yes, he can be charged again. Double jeopardy is a defense to prosecution under the Fifth Amendment on the grounds that the defendant has been tried before on the SAME charge, and acquitted.

Your situation is different because this is a new charge. In other words, you were charged with this once before and convicted. That is one case. Now, authorities have charged you again, this is a new charge and new case.

Look at it this way. You steal a bicycle, get charged and convicted. Two months later, you steal a bike, get caught, charged and convicted. These are two separate charges albeit for the same crime, but two separate cases. Double jeopardy does not apply.

leahhoug | Student

Well apparently it does not fall under the double jeopardy because my husband just got charged with it again and has already served time on it. I am cuirrently fighting this as he is disabled and a paranoid schizophrenic.  The charge of Flagarant Non support clearly states that the person charged with it has to BE ABLE TO REASONBABLY pay support...and he cannot work and he is mentally ill.