Ben Stokes is due to appear in court on an affray charge on the same day he would be making his international return in an England Twenty20 game in New Zealand.
The all-rounder will face the charge at Bristol Magistrates' Court on February 13, which was the result of an incident outside a Bristol nightclub in September.
During the police investigation Stokes was suspended from playing for England, which forced him to miss The Ashes, but has now been made available once more but he could now miss the first game back.
Two other men have also been charged with affray, they are Ryan Ali, 28, and Ryan Hale, 26.
The charge of affray is made under the Public Order Act 1986 and effectively relates to fighting in public.
It is a triable either-way offence which means it can be heard in either the magistrates' court or the crown court.
It carries a maximum penalty when tried summarily - in the magistrates' court - of a fine or up to six months in prison and when tried on indictment - in the crown court - of up to three years in prison.