Q: If criminal charges are dismissed at a preliminary hearing, can the prosecutor reinstate the charges somehow?
A: Yes. There are a few ways the prosecutor could reinstate the charges, especially if new evidence was discovered.
A: Absolutely. A preliminary hearing is a probable cause evidentiary hearing only. Therefore, if a District Court judge dismisses the case after hearing evidence, he is not finding you "not guilty" or acquitting you; he or she is simply stating the evidence presented does not support probable cause. The judge is technically dismissing the warrant, and doing so "without prejudice." The prosecution may then elect to have the defendant re-arrested on the warrant and attempt another preliminary hearing. A more common decision prosecutors make is to present their evidence directly to their jurisdiction's grand jury and seek a "direct" or "straight" indictment of the charges.
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