Question

Being prosecuted for the second time for the same offence is:

Answer 1

Double jeopardy prohibits different prosecutions for the same offense, but it doesn’t protect a defendant from multiple prosecutions for multiple offenses. Suppose, for example, that Bodie wins his trial for possession with intent to sell more than 50 grams of cocaine base. If the facts justify it, the state can try Bodie again for the “lesser included” charge of possession with intent to sell five grams or more of cocaine base. (U.S. v. Ginyard, 511 F.3d 203 (D.C. Cir. 2008).)