A New York judge has given prosecutors a second chance to bring weapons charges against an overzealous Madonna fan.

Robert Linhart was arrested back in September, 2010, after he was found carrying a pocket knife and loitering outside the Material Girl's New York home with large posters as he professed his love for the superstar. Police allegedly also found an ice pick in his car.

Linhart was subsequently charged with criminal weapons possession, as well as resisting arrest, making graffiti, and possessing a graffiti instrument but he pleaded not guilty to the first two counts and a grand jury declined to indict him on the latter.

Madonna won a protection order against Linhart, which required the retired firefighter to stay at least 10 blocks away from the hitmaker's property, but on March 13 all remaining charges were dismissed as prosecutors failed to meet the grounds for a speedy trial.

However, on Monday, Manhattan Supreme Court Justice Bonnie Wittner agreed to let the District Attorney revisit the case after prosecutors confessed to making a "dumb mistake" by waiting too long to try him.

And the news isn't sitting too well with Linhart's lawyer, Kevin Kitson - he tells the New York Post, "If this was John Q Public and not Madonna, they wouldn't be pushing so hard."