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Can Criminal Charges Be Refiled If Judge Dismisses Them?
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45+ Years Criminal Defense

Experience in California

Can criminal charges be refiled if the judge dismisses them?

It depends upon the nature of the charges.

If the judge dismisses felony charges at the conclusion of the preliminary hearing, the District Attorney can file the charges one more time and attempt to convince another judge there is enough evidence to have you stand trial. If the judge dismisses misdemeanor charges then they normally cannot be refilled by the district attorney at a later date. However, there are some exceptions to these rules. It is best to seek expert legal advice if you find yourself in this situation.


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