I'm currently fighting a case in nodaway County Missouri where the state patrol traffic citation does not follow the Supreme Court uniform traffic citation, in that it does not have the plea waiver of Rights and appearance on the ticket. I had it set for a motion to dismiss and now the prosecutor has taken it upon himself to dismiss the ticket and we filed the exact same charge using an officer's formal charging statement.
Based upon your description of the facts of your case, this is something that is too complex to be answered on a message board. There are many factors that an attorney would have to determine before an opinion could be given on the matter. My advice would be to hire a criminal defense attorney to examine the prosecutor's new charging statement.
The answers submitted on AVVO by Clinton C. Allen and Allen & Rector, P.C. are for informational purposes only and do not constitute legal advice in any capacity. The answers submitted are not intended to be advertising and are not guaranteed to be correct, complete, or up-to-date in accordance with Missouri law. The transmission of the information provided on AVVO is not intended to establish, nor does it, establish or constitute an attorney-client relationship in any capacity. The questioner must consult with legal counsel prior to acting on the answers provided. Every case is different and must be examined on its own factual merits.
If your question is whether a prosecutor may dismiss then re-file a criminal charge, the answer is yes. It sounds as though the prosecutor may have just been correcting whatever potential procedural defect you identified in your motion to dismiss.
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