Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Dismissed without Prejudice: What Does This Mean for Your Criminal Case?

When a person is facing criminal charges, and those charges are dismissed without prejudice, what does this mean for the defendant? Does it mean the nightmare is over, or could they face additional criminal charges? To get these and other answers, keep reading and remember you can contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

You Can Be Re-Charged for a Case That Was Dismissed without Prejudice

If your case is dismissed without prejudice, this means that the prosecutor can still refile the charges later. When it occurs on a civil case, it means that the plaintiff can refile their case as well. In most cases, this is done because of errors on the lawsuit that must be corrected. The case then must be refiled and the statute of limitations still applies.

There Are Two Ways a Case Can Be Dismissed without Prejudice

A case is dismissed without prejudice in one of two ways. First, it might be voluntarily dismissed by the plaintiff if it is a civil case. In both criminal cases and civil cases, an involuntary dismissal without prejudice can be put into place by the judge. The difference between a case being dismissed with prejudice is that those types of cases cannot be refiled.

Common Reasons a Judge Might Dismiss a Case Without Prejudice

There are many different reasons a judge might choose to dismiss without prejudice. This is called an involuntary dismissal, and it can occur because the case was filed in the wrong jurisdiction and the court does not have the power to hear it, due to a lack of personal jurisdiction in which the court does not have power over the defendant (such as in juvenile court versus adult court), when the case is filed in the wrong venue, or when the defendant was not properly served.

Cases Are Rarely Dismissed without the Defendant’s Request

It is very rare for a judge to dismiss a case without the defendant first filing for a motion to dismiss. That motion gives the court reason to consider the case and the reasons why the lawsuit should be dismissed. The plaintiff can then respond to the motion, and if they are not successfully persuasive, then the judge might dismiss the case.

If the judge believes that the plaintiff should have an opportunity to fix the issues and refile, then they will dismiss the case without prejudice and the plaintiff can file again. If the judge believes that the case should not be refiled, for example if there is a lack of evidence, then they will file for dismissal with prejudice.

If you have been charged with a crime, it is important that you work with a criminal defense attorney who can help you with your case. Contact Law Office of Michael L. Fell now at (949) 585-9055 to request your free legal consultation.