So long as double jeopardy has not attached, which generally occurs when the jury is sworn or when the first witness is sworn in a bench trial, yes charges could be reinstated. The reinstated charges would have to be pursued within the time periods provided for in La. Code of Crim. Proc. arts. 571 et seq. (You have not given me any information on the nature of charges or the chronology, so I can't give any further information on this point.) At the same time, as a practical matter, the vast majority of the time, if a DA refuses the charges or drops them prior to trial, they are not reinstituted. The foregoing is intended as legal information concerning the question asked, but is not intended as legal advice upon which the requesting party may rely in guiding their actions. Rather, the requesting party should consult an attorney for a personal consultation and advice for a full consideration of their situation and rendition of legal advice. Additionally, by providing this general information I am not accepting any representation of the requesting party and I am specifically declining to form an attorney-client relationship with the requesting party unless agreed to later after further consultation and agreement.
Donald Hyatt
Donald L. Hyatt, II, APLC
633 Village Lane North, Suite 105,Mandeville, Louisiana (LA) 70471
504-813-6727
http://www.linkedin.com/in/donaldhyatt/
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