[Don Joe]

"You cannot 'retry' someone based on 'More conclusive evidence.' That is known, if you didn't know it, as 'double jeopardy,' and is specifically forbidden by the Constitution."

Can't the judge "dismiss without prejudice"? Or does that only apply in civil trials?

[Illbay]

I am not a legal expert nor an attorney (not exactly congruent sets) but I don't believe a judge can just dismiss a case referred for criminal prosecution by a grand jury. I think they can move for dismissal on various procedural grounds, but the judge does not, I think, have a complete idea of the evidence before it is presented.