Question

Eric is a Missouri resident and a sentenced offender. He was sentenced to three years of probation with the following conditions:

1. He must not violate any law of any state or any local ordinance.

2. He must report to Probation Officer Greg James monthly at a predetermined time.

3. He must not use any illegal substance or alcohol and must also submit to random testing.

4. He must obtain permission from Probation Officer James before traveling out of Missouri.

In his second year of probation, Eric was captured by store detectives stealing a satellite radio system from an electronics store in Orlando, Florida. The Orlando Police Department responded to the scene and investigated. After interviewing the store detectives, they issued Eric a misdemeanor appearance citation for shoplifting. The appearance citation contained a mandatory court date for the following month.

Approximately three months later, Probation Officer James received a letter from the local district court in Orlando, Florida. The letter informed James that probationer Eric was in Orlando in January, received a misdemeanor violation for shoplifting, and has since failed to report for the scheduled court date; a warrant has now been issued by the Orlando District Court. James reviewed probationer Eric’s file and found no record of any request to leave the state for any type of travel. Eric’s home address is listed as Springfield, Missouri.

Probation Officer James prepared all of the paperwork required to initiate probation revocation proceedings against Eric. James also sent Eric written notice that the terms of his probation had been breached and that his probation had been placed in jeopardy. The notice informed Eric that a hearing had been set for the probation revocation. During the hearing, Eric will have an opportunity to present evidence on his own behalf.

On the date of the hearing, Eric and James arrived at the courthouse to present their arguments before the presiding judge. During the hearing, Probation Officer James presented evidence supporting the alleged breach of the conditions of probation. He presented sworn statements from Orlando store detectives regarding the shoplifting incident and sworn statements from the Orlando police officer who issued Eric the misdemeanor appearance citation. Eric responded to the allegations by testifying that the Orlando misdemeanor case was a case of mistaken identity and that he was at home in Missouri during that time. James rebutted Eric’s testimony by restating that his witnesses (through their sworn statements) could attest to the fact that Eric was in fact arrested in Orlando for shoplifting the satellite radio system on the date in question. At the close of all testimony, the judge sent the courtroom into a fifteen-minute recess so that he could review all of the testimony and reread the sworn statements from the absent witnesses.

Approximately fifteen minutes later, the judge returned to the bench and announced his decision that Eric had violated the conditions of his probation agreement and should now be sent back to prison to serve out the remainder of the original sentence. The judge added that Eric will face the shoplifting charges upon release from prison. The court then served Eric with a written order stating all of the reasons for the probation revocation.

Can Probation Eric be prosecuted for shoplifting after release from prison, or would that constitute double jeopardy?

Answer 1

Yes, he can be prosecuted.

Step-by-step explanation:

It would not be considered Double jeopardy, since what he was being prosecuted for was something completely different. It was for shoplifting. Also, he violated the conditions for his probation, he violated the law of the state when he shoplifted.