My son was violated on felony probation, he went to trial this past Thursday. Ten minutes into the trial the judge continued the trial for three weeks. The judge also allowed the prosecutor to use files that were not in the discovery. I would like to know if this violates the constitutional right to a fair and impartial trial. I also ask if this would create a situation of being tried twice for the same crime.
Answer
Violations of probation are not the same as far as constitutional rights the prosecutor can use other evidence including the probation file. Double jeopardy does not apply to violations either because if you are already on probation, then there has been a finding of guilt on the underlying charge.
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