Eagle, CO Criminal Defense Law Firms & Lawyers

The issue you raise here is called the prohibition against twice being place in jeopardy for the same offense ("double jeopardy"). Unfortunately, under most circumstances, charges can be dismissed and re-filed. If a case lasts until a trial and the jury is sworn into service, a dismissed case cannot be re-tried. Under some circumstances in which a case is dismissed for a lack of evidence it cannot be re-filed. However, if it is just a mistake, the case can be re-filed up until the time that the statute of limitations has run.

First, the person who is the 'victim' of a crime does not have the power to 'drop the charges'. Once a crime is reported and police investigate it and decide to charge a person, the charges typically go forward. Second, if there is a warrant for your arrest, the best thing to do is to find out what the bond amount is, as set on the warrant. Then turn yourself in, prepared to pay the bond so you can be 'booked and released', as opposed to having to wait to see a judge. That way you can control when you are taken into custody so it has the least impact on you and your child.  Third, consult, in person, with a lawyer - or once the charges are formally filed in court (after you are arrested on the warrant) apply for the pubnlic defender if you think you qualify financially - and tell them the full story, including proving repayment of the 'victim'.  The case likely will be able to be resolved fairly easily (depending ont he specific facts). 

I assume when you say "habitual driver' you mean habitual offender. If he is caught violating his probation he has a serious matter. Why the high bond and what could happen I can only guess. He needs to immediately retain an experienced and responsible criminal attorney.