What Does It Mean for a California Criminal Case to Be Dismissed Without Prejudice?

If this happens, the prosecutor can re-file your case at a later date.

What Does It Mean for a California Criminal Case to Be Dismissed Without Prejudice?

If you’re a fan of criminal procedure shows, you may have heard the term “dismissed without prejudice” or “dismissed with prejudice.” On television shows, this is often a very dramatic occurrence — when a judge announces from the bench that a case must be dismissed. But what exactly does this mean?

These terms are used both in the civil and criminal context. As a criminal attorney in Orange County, CA can explain, the difference between the two phrases relates to whether the case can be refiled:

Dismissed without prejudice: the case can be re-filed
Dismissed with prejudice: the case cannot be re-filed

If you are a defendant in a California criminal case, then you want your case to be dismissed with prejudice. This means that the prosecutor cannot re-file the charges against you. The case is effectively over, and the only thing that the prosecutor can do is appeal the decision.

A case can be dismissed without prejudice voluntarily, by the prosecutor, or by the court. If a judge dismisses a case, it is usually done over the objection of the prosecutor.

Importantly, just because a prosecutor can re-file charges in a case dismissed without prejudice does not mean that they have an unlimited period of time to do so. California criminal cases are generally subject to a time limitation known as the statute of limitations. This the period of time that a prosecutor has to file criminal charges. The statute of limitations varies based on the underlying criminal charge. For example, the statute of limitations for felony burglary is three years, and one year for misdemeanor burglary. If your burglary case is dismissed without prejudice, the prosector has to re-file the charges within the statute of limitations (1 or 3 years). If they fail to do so, then they are barred from filing charges for that alleged crime — and you will no longer have the threat of criminal charges hanging over your head.

However, there are a number of crimes in California that do not have a statute of limitations. This includes any offense punishable by death (such as felony murder), offenses punishable by life in prison or life without the possibility of parole (such as murder) and embezzlement of public money. In addition, the legislature has changed the statute of limitations on some crimes, such as sexual assault. For this reason, it is important to work with an experienced criminal attorney in Orange County, CA who can help you understand the law surrounding the charge in your case — including the statute of limitations.

If you have been charged with a criminal offense in California, the Chambers Law Firm can help. Our team of dedicated legal professionals is committed to helping people like you get the best possible resolution for their charges — which may include a dismissal. To learn more or to schedule an appointment with a criminal attorney in Orange County, CA, contact us today at 714-760-4088 or dchambers@clfca.com.

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