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 10 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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