Murphy1950
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3 Essential Facts About Criminal Case Dismissals
Dismissals of criminal cases can come in three forms. Specifically, a case can be:
3 Essential Facts About Criminal Case Dismissals
Dismissals of criminal cases can come in three forms. Specifically, a case can be:
- Dismissed with prejudice: This means a case has been permanently dismissed and a prosecutor cannot refile the charges at a later date. This type of dismissal is handed down by a judge, and it does not prevent prosecutors from filing different charges (related to the same alleged offense) in the future.
- Dismissed without prejudice: Temporary in nature, dismissals without prejudice do let prosecutors refile the same charges in the future. While the statute of limitations will still apply to the charges and case in question, these dismissals may be sought out by prosecutors when they want or need more time to investigate and craft their case.
- Voluntarily dismissed: This occurs when the prosecution decides not to bring the case to court. Sometimes, a prosecutor may do this for strategic reasons, like to maintain the option of filing additional charges later. It’s also common for the prosecution to dismiss weak cases and never attempt to re-prosecute them.