Tag Archives: 110

Can I be charged two times for the same misdemeanor?

Q: I had a detainer for my probation. I got arrested. I paid my fines and they let me out. My probation officer told me that the case was closed. I got stopped by police and they arrested me for a warrant but it’s the same docket number. It is the same case. I told the police that and they told me to tell it to the judge. What should I do? (Beechview, Pgh., PA)

A: I am not sure what happened to you and would need to look at the docket and paperwork before reaching any conclusions. However, you can be arrested twice for the same offense but never prosecuted and convicted of the same offense. Mistakes happen and sometimes people are picked up on warrants that have been cleared or quashed. However, if charges are filed on an incident which you have already been adjudicated on (found guilty or dismissed by a court, after a hearing) that constitutes double jeopardy under PA Rule of Criminal Procedure 109 and 110.