Legal Question in Criminal Law in Pennsylvania

Double jeopardy question: My son argued his own case in front of a District Justice and had his case dismissed as the officer had the incorrect date (2001 vs 2009) on the charging document (citation). Now the officer has re-filed bringing the exact same charges of Underage Drinking and has corrected the citation. Can the officer re-file without creating a case for double jeopardy?


Asked on 12/12/09, 11:50 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

OK, depends on if the charges were dismissed with prejudice or not. If the were the case can't be refiled. If the Judge just dismissed the charges then they can be brought again.

As to whether its double jeopardy is determined by how far they got into the trial As this was a DJ hearing its different from if there was a jury trial.

I would have to look up the exact answer.

{John}

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Answered on 12/17/09, 12:12 pm


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