Legal Question in Criminal Law in Michigan

stalking

If a person is aressted for aggravated stalking-750.411I and the charge is droped to stalking-750.411H in District Court and they plead no contest, and are fined and sentenced, can they be charged with the SAME incident of stalking -750.411H in Circuit Court? Or is this considered double jeperdy? Where you can't be charged with the same crime twice. This all stems from ONE PPO violation.


Asked on 2/18/04, 1:09 am

1 Answer from Attorneys
Nancy Moore Nancy L. Moore, Esq.

Re: stalking

It sounds as though the Circuit Court case is based on a violation of the PPO. Pleading guilty to stalking in criminal court is an admission that a violation of the PPO occurred if, in fact, there was a no contact/no stalking order in the PPO. So, yes, they are two separate "offenses" for the above reasons. You would be wise to hire an attorney if you haven't already done so. Good luck!

Nancy L. Moore, 19500 Victor Parkway, Suite 290, Livonia, MI 48152, (734) 591-3737

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Answered on 2/19/04, 3:22 pm


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