If you violated on probation, don't accept a plea, and found guilty at trial, can they sentence you according to the original charge?Or is this double jeopardy

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brettd eNotes educator| Certified Educator

In order to give you any kind of accurate answer, we would need more information.  A violation of probation is the violation of a set of conditions set forth by the court.  A person was found guilty of the crime, and given probation instead of a jail sentence.  This means the person must meet certain criteria for behavior until the probation period ends.  Violating that probation in most cases results in a person being resentenced, as the contract of the sentence has been broken.  I can't apply this to your example without more information, but on the surface, it does not sound like double jeopardy.

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