If your case is dismissed without prejudice, the prosecutor may be able to re-file charges against you
In the criminal justice system, having your case dismissed is a good thing. It allows you to move forward with your life without the possibility of criminal charges weighing on you. However, depending on how the case was dismissed, you may still have to worry about being prosecuted for a crime.
As a criminal defense lawyer in San Bernardino, CA can explain, there are two different ways that a case may be dismissed: with prejudice and without prejudice. These dismissals can be made voluntarily, on a motion by the prosecutor, or involuntarily, where a judge dismisses the case. For both voluntary and involuntary dismissals, the case may be dismissed with or without prejudice.
Most often in the criminal justice system, cases are dismissed with prejudice. A case that is dismissed with prejudice means that it is dismissed permanently. Charges against you cannot be filed again, and the case is completely over. A judge may dismiss a case with prejudice if they find that the prosecutor withheld key evidence, for example, or if the defendant’s speedy trial rights have been violated.
By contrast, a case that is dismissed without prejudice is not necessarily over. If a judge or a prosecutor dismisses your case without prejudice, the charges against you could be re-filed. However, the prosecutor must still comply with the statute of limitations, or time period for filing criminal charges. For example, if there is a 2 year statute of limitations for the charge against you, and the case is dismissed 18 months after the alleged act occurred, then the prosecutor only has 6 months to re-file charges. If they fail to do so, then they cannot bring charges against you at all.
There are a number of reasons why your case may be dismissed without prejudice. A prosecutor may choose to dismiss the case in order to address a weakness or to shore up evidence. They may also choose to dismiss a case without prejudice and then re-file charges for a less serious charge.
If your case has been discharged without prejudice, it is important to remember that the criminal charges could be filed again — or entirely separate charges for the same act could be filed. You are not “free and clear,” and won’t be until the statute of limitations has elapsed (if there is a statute of limitations for the alleged crime). As such, you should conduct yourself as though the charges were still pending. Do not talk to the police or the prosecutor without an attorney, and avoid discussing the case with anyone other than your criminal defense lawyer in San Bernardino, CA.
At the Chambers Law Firm, we represent individuals who have been charged with a range of crimes, from misdemeanors to felonies. If you have been charged with a California criminal offense, we can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled criminal defense lawyer in San Bernardino, CA.
