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Current as of January 01, 2023 | Updated by FindLaw Staff
When a criminal prosecution is timely instituted in a court of proper jurisdiction and the prosecution is dismissed by the district attorney with the defendant's consent, or before the first witness is sworn at the trial on the merits, or the indictment is dismissed by a court for any error, defect, irregularity, or deficiency, a new prosecution for the same offense or for a lesser offense based on the same facts may be instituted within the time established by this Chapter or within six months from the date of dismissal, whichever is longer.
A new prosecution shall not be instituted under this article following a dismissal of the prosecution by the district attorney unless the state shows that the dismissal was not for the purpose of avoiding the time limitation for commencement of trial established by Article 578.
Cite this article: FindLaw.com - Louisiana Code of Criminal Procedure Tit. XVII, Art. 576. Filing of new charges upon dismissal of prosecution - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-criminal-procedure/la-code-crim-proc-tit-xvii-art-576.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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