If I’mrecharged for the same offense, isn’t that double jeopardy?
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If I’mrecharged for the same offense, isn’t that double jeopardy?
I was charged with disorderly conduct/fighting for saying f— off this is b— s— to a teacher outside of school. We went to hearing at magistrates office where asked for and got a dismissal due to no fight. Now they want to recharge me with disorderly conduct/obscene languageC can they do that? Is that double jeopardy?
Asked on July 15, 2011 under Criminal Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This is not double jeopardy because the charges are not identical. The first charge was disorderly conduct/fighting while the new charge is disorderly conduct/obscene language.
Since the elements of the two charges are different, this is not double jeopardy.
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