Legal Question in Criminal Law in Michigan

Re: dropped charges

Yes.

Re: dropped charges

The answer is a 'qualified' "Yes".

A charge can be "dropped" / dismissed by the court or by a prosecutor "without prejudice", which means that it can be reissued. Double jeopardy would not bar refiling. A prosecutor might do this because a "proof problem" cropped up before the trial started. Or, maybe a witness didnt show up for a trial and the prosecutor dismisses the case so it doesn't start with an important witness unavailable (in which case double jeopardy would have kicked in to block re-issuance).

Sometimes, charges are dismissed as part of a plea agreement ... a "quid pro quo", so to speak: Defendant pleads guilty to Case #1 and the prosecutor dismisses Case #2. If the Defendant pleads guilty and does not withdraw his plea, then after Case #2 is dismissed, it cannot be reissued against that defendant because it would violate the terms of that plea deal.

Sometimes, a case is dismissed WITH prejudice, meaning that it cannot be re-issued. This occurs when the court finds a serious violation of constitutional law that makes it impossible to the prosecution to go forward with the case. But this is a rare occurrence.