Question:

Texas prisoner gets caught with a cell phone...?

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A TDCJ inmate gets caught with a cell phone while serving a five year aggravated assault sentence. The prisoner gets solitare for ninety days and the inmate's spouse gets taken off the visitors list as a form of punishment. The inmates sentence is about to end, but receives a letter stating that extra charges will be filed. It also states that the inmate will be released on the release date, but the county where the offence took place will pick up the inmate. Can the state punish the inmate twice? If so will the inmate be able to post bond?

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  1. He is not being punished twice for the same crime.  He is being punished for breaking the rules in prison and they have the option to file charges.  

    If he is released first and then charges are filed, he may have a bond.  But that is up to the judge.  Not the bondsman.


  2. It's a new charge and it's a felony to possess a cellular phone inside a jail or prison.

    Secondly, the wife can also be filed on for delivering the phone to the inmate.

  3. Yes, they can punish the inmate twice.

    Generally double jeopardy prevents someone from being charged with the same crime twice. But that only applies to criminal hearings.

    The inmates first punishment was more of an administrative punishment. The second will require a trial in criminal court.

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