Legal Question in Criminal Law in California

It's a bar to reprosecution for the same offense, unless, if it was a felony, or a felony charged with a misdemeanor, and the prosecution is able to prove to the judge on a new case that new evidence was discovered after the dismissal, that could not have been discovered before the dismissal in the earlier case. (Pen. Code, � 1387 subd. (a).) It is also not a bar if the dismissal was the result of witness intimidation, or a failure of a subpoenaed complaining witness to appear. There are other exceptions as well. Don't assume that you are off the hook.