![]() In other situations, the prosecutor may request dismissal without prejudice so they can pursue different charges against the defendant. In some cases, the prosecutor wants additional time to pursue leads or gather new evidence. ![]() A court also may dismiss a case without prejudice on its own, when there is an issue in the case that needs to be addressed by the prosecutor.Ī prosecutor may request dismissal without prejudice for many reasons. Dismissal without prejudice is only temporary, so it is less favorable for the defendant. Reasons for Dismissal Without PrejudiceĪ prosecutor may request a dismissal without prejudice, so they can refile charges in the future. A prosecutor rarely initiates a request for dismissal with prejudice. When dismissal with prejudice occurs, it likely is the result of the defendant’s motion to dismiss, or the court’s own decision to order the dismissal. Dismissal with prejudice also may occur for other reasons, such as a defendant who enters and successfully completes a local diversion program. Other errors in a case also may lead a court to dismiss a case with prejudice. For example, an arrest without probable cause, violation of the right to a speedy trial, or an illegal search can lead to a case being dismissed with prejudice. If a criminal case is dismissed with prejudice, it often is because there was a fundamental violation of the defendant’s constitutional rights that cannot be corrected. The prosecutor’s only option for continuing the case is to appeal the dismissal ruling to a higher court, which may happen if the prosecutor disagrees with the judge’s decision. The dismissal permanently ends the case in the defendant’s favor. ![]() When a criminal case is dismissed with prejudice, the prosecutor cannot file new charges or reopen the case. In a dismissal without prejudice, the prosecutor can refile the charges (or file new charges based on the same circumstances) at some future time.Ī dismissal with prejudice is much more desirable for the defendant than dismissal without prejudice. The dismissal prohibits the prosecutor from refiling the charges. The prejudice relates to the prosecutor’s ability to pursue the charges in another subsequent proceeding.Ī dismissal with prejudice means that the ruling is the final judgment in the case. In the dismissal context, the term prejudice refers to whether the court has made a final determination on the case. ![]() It may be the result of a motion to dismiss by the prosecutor or by the defendant, or due to a determination made by the court without a motion from either party. The character of the dismissal makes a significant difference to both the defendant and the prosecutor.ĭismissal of a criminal case may occur before, during, or after trial. When a judge dismisses pending criminal charges, the case is either dismissed with prejudice or dismissed without prejudice. ![]()
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