Legal Question in Criminal Law in Michigan

Re: Trial Dismissed Withouh Prejudice

Your question is hard to answer without more information.

Generally, a prosecutor can dismiss a charge "without prejudice" before a case goes to trial, and can generally re-file the case (same charges or different charges) later. One bar to that is if the defense demonstrates prejudice by the refiling -- i.e., his ability to present a defense is now much harder than it would have originally been because critical witnesses are no longer available.

You say that the case "has already been through trial", so I am assuming that there was a mistrial of some sort -- e.g., there was some error by the defense or prosecutor during the trial that would have prejudiced the jury; or the jury could not reach a unanymous verdict (hung jury). Right? Unless the prosecutor was the cause of the error, the case can be refiled.

Otherwise, once the trial has begun (with a jury being sworn in, or the firt witness of a non-jury trial being sworn in) "jeopardy" has attached to the trial, and double jeopardy concerns will factor in to your situation.

However, without knowing more details, we cannot tell you if the refiling was proper or not.