RE-FILING CRIMINAL CASES

Question:
Can the prosecutor keep on refilling criminal cases? My brother got arrested 2 times in 6 months, for domestic violence with the same person, he has court again in 2 weeks …

Andrew’s Answer:
A misdemeanor case can only be filed once; if it is dismissed, then penal code 1387 bars any re-filing.

A felony matter, by contrast, can generally be re-filed such that the DA gets a second bite at the apple – again, penal code 1387.