Section 1388 Of Chapter 8. Dismissal Of The Action For Want Of Prosecution Or Otherwise From California Penal Code >> Title 10. >> Part 2. >> Chapter 8.
1388
. (a) In any case where an order for the dismissal of a felony
action is made, as provided in this chapter, and where the defendant
had been released on his own recognizance for that action, if the
prosecutor files another accusatory pleading against the same
defendant for the same offense, unless the defendant is present in
court at the time of refiling, the district attorney shall send a
letter to the defendant at his last known place of residence, and
shall send a copy to the attorney of record, stating that the case
has been refiled, and setting forth the date, time and place for
rearraignment.
(b) If the defendant fails to appear for arraignment as stated, or
at such time, date, and place as has been subsequently agreed to by
defendant's counsel and the district attorney, then the court shall
issue and have delivered for execution a warrant for his arrest
within 20 days after his failure to appear.
(c) If the defendant was released on his own recognizance on the
original charge, he shall, if he appears as provided in subdivisions
(a) and (b), be released on his own recognizance on the refiled
charge unless it is shown that changed conditions require a different
disposition, in which case bail shall be set at the discretion of
the judge.