I had a preliminary hearing on a burglary case and the witness never showed up. The case was thrown out. Can I be re-arrested?
The answer is, most likely, yes. Unless the case is dismissed or withdrawn WITH prejudice, then the government can re-arrest you. Even if your case is dismissed by a judge after a full preliminary hearing, the government can still re-arrest you. In that case, however, the hearing is not listed in front of the magistrate again (or in Municipal Court in Philadelphia). Instead, it gets listed in miscellaneous motions court in the Court of Common Pleas. If the higher court still believes there is insufficient evidence, then the government may appeal to the Superior Court.
The only way a case listed for a preliminary is absolutely, finally disposed is if the case is dismissed with prejudice and there is no appeal within thirty days.
Labels: preliminary hearing, re-arrest