You need tp discuss this with an attorney personally. You also need to appear as directed.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Yes. You can be charged again for the crime if the charges were dropped. Double-jeopardy does not apply yet in the case as you have described. Make sure you get a criminal defense attorney in the Kzoo area for help. If you cannot afford one, ask the court to appoint one to you. DO NOT say anything else to the police or prosecutor. Plead not guilty and only speak to your lawyer. Good Luck!
The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.
Yes, unfortunately they can still bring back the charges. I wonder why the charges were dismissed in the first place? Many times when a case is dropped and recharged, there is evidence that is problematic or other witness related issues. Hire a good attorney and see what can be done about getting the charges dismissed again.
You mention "noise violation." It is possible that the "noise violation" charge was a township or other local ordinance. That may have been dismissed for a variety of reasons. The "disturbing the peace" charge may be a state charge. In other words, they may be two separate things, charged under different statutes.
Even if the new charge is simply a recharging of the original, the short answer is "yes," they can do this. New evidence may have been obtained that makes them now want to proceed where they didn't before. If that is the case, there could be a number of weaknesses in terms of the evidence, but there is no double jeopardy issue. You need an attorney to help you with this. Best wishes.