Can Criminal Charge Be Re-Filed in Bucks County?

Re-Filing of Charges

You had a Preliminary Hearing in Bucks County and your Bucks County criminal defense lawyer was able to get the charges dismissed by the magistrate.  So, are you done with the case?  No.  

Commonwealth v. Jones of 1993 (633 A2d 185) holds that the prosecutor may seek to reinstate a charge dismissed by a magistrate by re-filing the same charge before a different magistrate.  Keep in mind, it must be a different judge.  

Still, the Commonwealth must refile under the believe that it has enough evidence to establish a prima facie case or, it has additional evidence for the new preliminary hearing.  This can be lab results, fingerprints, DNA, or a new witness (which happens a lot).  The state cannot re-file with the intent to harass (which is debatable at times).  

The president judge of the Bucks County Court of Common Pleas will normally assign the case to a new district judge.  The case must still be filed within the statute of limitations (2 years for misdemeanors, 5 years for felonies).