Can I Be Charged Again After My Case Was Dismissed at Arraignment?

By , Attorney Santa Clara University School of Law
Updated 5/08/2024

Your charges were dismissed at the arraignment. Can the prosecutor refile the charges?

In many cases, yes. The double jeopardy rule against being tried twice for the same crime protects defendants from being tried twice on the same charges. But that's not the case here. As long as the statute of limitations (the period of time within which a case can be filed following a crime) has not run out, the police can rearrest defendants whose cases have been dismissed at arraignment. Defendants are not considered to be "in jeopardy" for purposes of the double jeopardy rule until the trial actually begins. Dismissal followed by rearrest can be expensive—a defendant may have to obtain a second bail bond and pay a second fee.

DEFEND YOUR RIGHTS
Talk to a Defense attorney
We've helped 95 clients find attorneys today.

Do you have a pending charge?

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you