It occurred to me today in court that I may have hastily answered this question and made some assumptions that changed my answer. If this was a trial against"Batterer" in General Sessions Court, and the Judge dismissed the case after at least the first witness was sworn in, then legal jeopardy has already attached, and Batterer cannot under any circumstances be tried again for the same exact offense. The DA may have known that, and that may be why he/she isn't returning your calls. Someone at the DA's office should be able to explain this to you. My above answer is applicable only if you were describing a preliminary hearing, which is usually (though not always) how felonies proceed to Criminal Court. The State or Defendant can also elect to have misdemeanors sent to Criminal Court if either side chooses that. The defendant typically does this only if he/she wants a jury trial.