§ 135.540 Effect of resubmission of case

If a court allows a criminal case to be brought back after it was previously dismissed or set aside, this rule explains what happens to the defendant's custody status. If the defendant was in jail before the case was resubmitted, they stay in jail unless a law or court order says they can be released.

If the defendant was already out of jail before the case came back, whatever release deal was in place keeps working. This means any bail money already paid, or any release agreement already signed, still counts. The defendant doesn't have to redo that process just because the case was refiled. The point is to keep things simple: the defendant's custody or release status carries over to the new charges, as long as a new indictment or information is actually filed.