A case may be dismissed either "with prejudice" or "without prejudice." That said, what does any of that mean? How does it affect your case now and in the future?
Here's what our experienced criminal lawyers in Los Angeles, California have to say about it:
Types Of Criminal Case Dismissal In California
What Is Dismissed "With Prejudice" In Los Angeles?
When a case is dismissed "with prejudice," it is permanently dismissed and cannot be reopened in court. This means the charges cannot be re-filed. When a case is "dismissed with prejudice," it is definitively closed.
If there is a good reason the case shouldn't be brought back to court, such as if the judge finds the lawsuit to be frivolous or the issue at hand is settled out of court, the case will be dismissed with prejudice. While the case cannot be reopened, the dismissal may be challenged before a higher judge, or new charges may be brought in a separate case.
"Prejudice" in the legal sense of a dismissal refers to the loss of specific rights or privileges. When a case is dismissed "with prejudice," it signifies that certain rights or privileges have been dismissed, as opposed to when it is dismissed "without prejudice," which is the opposite.
The rights and privileges in dispute include whether the plaintiff can file a new lawsuit on the same grounds as the one that was dismissed or bring the same case to court.
Contact a prescreened criminal lawyer in California if you need help with case dismissal. A California criminal lawyer will know their way around the law and can help you with appeals and potential challenges.
What Does It Mean To Be "Dismissed Without Prejudice" In California?
Dismissed "without prejudice" is only temporarily dismissed. Due to this provisional dismissal, the plaintiff can resubmit charges, revise their claim, or pursue their case in a different court.
To have time to rectify a flaw or problem with their case, a prosecutor may decide to dismiss a case without prejudice. Another reason a prosecutor can choose to drop a case is to dismiss it with new evidence that is more or less serious than the old one.
For instance, a prosecutor might drop a case and dismiss it with a less serious charge. In addition, a court may dismiss a case without prejudice to give one side time to fix a problem before the case is retried.
A dismissal without prejudice does not invalidate the statute of limitations. However, if the prosecution fails to submit new charges promptly, some aspects of the case may be affected, such as the defendant's release.
It's best to have top criminal defense lawyers in Los Angeles look through your case and advise you on what's best to do.
What's A Voluntary And Involuntary Dismissal In California?
Whether the dismissal is voluntary or involuntary may affect whether it is dismissed with or without prejudice:
Voluntary Dismissal
A case that is voluntarily dismissed is dismissed by the party that initially filed it and may be dismissed with or without prejudice. If there is no justification for taking the case back to court, such as if the reasons for bringing the case have been settled out of court, the prosecutor may elect to voluntarily dismiss the case with prejudice.
To file a more or less serious case, to address a weakness or error in some aspect of the case, or if they are not prepared to go to trial at the date set by the judge, a prosecutor may voluntarily dismiss a case without prejudice.
Involuntary Dismissal
A court may decide whether to dismiss an involuntary dismissed case with or without prejudice. If the court determines a good reason why the case should not be tried, the case will be dismissed despite the prosecution's requests.
To give the case time to be corrected before it is brought back to court, a judge may dismiss it without prejudice. However, if a judge determines that the case should not dismiss and should be closed permanently, the case will be dismissed with prejudice.
This might be the case for various reasons, such as if the situation has already been given numerous opportunities to be fixed.
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