Yes, you can be recharged with a felony after the charge has been dismissed. Often times a prosecutor will dismiss a felony charge on his own motion for lack of evidence or due to missing witnesses making the case more difficult to prove at trial. A criminal case can also be dismissed on a defense motion based on lack of probable cause to believe an offense was committed by the defendant. After the dismissal, police investigators may discover new evidence or trial witnesses establishing probable cause and making the case easier to prove at trial. Under these circumstances, the prosecutor has the right to recharge the felony case. The only road block to recharging the case would be the statute of limitations for criminal offenses. Most crimes require the case to be charged out by the prosecution within three (3) years from the date of the alleged offense. Once the statute of limitations expires in a criminal case, the felony case can not be recharged.
If you or someone you know has been recharged with a felony after it was dismissed, you need to defend your freedom. Contact criminal defense attorney Robert J.Shane for a free consultation at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.