Legal Question in Criminal Law in California

Re: Reinstatement of criminal charges previously dropped

Generally yes, unless the statute of limitations has expired.

Re: Reinstatement of criminal charges previously dropped

Charges that were dismissed WITH PREJUDICE cannot be re-instated. Charges dismissed WITHOUT prejudice can be brought back. If the charges were never really charges, this is, they were witheld by the police and not previously filed - they can be filed at anytime. As long as you keep your statute of limitations running (you don't leave the state, you don't go into hiding within the state, etc), those charges cannot be filed after the statute runs out.

Re: Reinstatement of criminal charges previously dropped

It depends if it is within the statute of limitations and if jeopardy has attached or not(this usually happens when a trial has started and the jury has been sworn in, but can also happen under a few different circumstances). It also depends on the reasons for dropping the charges, if you can show there was prosecutorial misconduct, then they cannot be re-instated. Good luck.

Re: Reinstatement of criminal charges previously dropped

Generally yes unless statute of limitation has run out or charges were dismissed by the court under certain circumstances.