judge dismisses drug charge then DA re-files

drug charge dropped in California court on reason of unlawful detention. man is told he is free to go. 2 hours later the DA re-files the same charges. man does not go home but back to jail. What happens now? What are the chances of the charges being dropped a second time? Does the DA have a solid case, seeing how it was dismissed? The man is a 2 striker looking to avoid this 3rd strike. The cops and DA obviously do not want him to go free. Can they go against the judge's ruling? What are the chances now of a dismissal or a conviction? Is the same evidence and transcripts used, or is new ones? Will the cops testify again, or old testimony used? Please help. Husband all set to come home after 9 months of jail, then this happens.