Whether a case is dismissed with or without prejudice may have to do with whether it is dismissed by the prosecutor or by a judge and whether the dismissal is voluntary or involuntary. A judge may dismiss a case without prejudice in order to allow a particular side time to address an issue with the case before trying the case again. Another reason a prosecutor may choose to dismiss a case might be to file a new one that is more or less serious than the original for example, to dismiss an assault case and file a case of (less serious) assault. A prosecutor may choose to dismiss a case without prejudice in order to have time to address a weakness or issue with their case. Certain elements of a case may be affected if the prosecution does not re-file charges in time for example, the defendant may be released.Ī case may be dismissed without prejudice for a number of reasons. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.Ī dismissal without prejudice does not overturn the statute of limitations. Whereas a case that is dismissed “with prejudice” is dismissed permanently, a case that is dismissed “without prejudice” is only dismissed temporarily. Although a case that has been dismissed with prejudice cannot be reopened, it is possible to appeal the dismissal to a higher judge or to file different charges under a new case. A case that is “dismissed with prejudice” is completely and permanently over.Ī case will be dismissed with prejudice if there is reason for the case not to be brought back to court for example, if the judge deems the lawsuit frivolous or the the matter under consideration is resolved outside of court.
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The rights and privileges in question have to do with whether the plaintiff will be able to bring the same case to court or file another suit that is based on the same grounds as the one that has been dismissed.įor a case to be dismissed “with prejudice” means that the case is dismissed permanently, it cannot be brought back to court, and the charges cannot be refiled. For a case to be dismissed “with prejudice” means that it is dismissed with the loss of certain rights or privileges and for a case to be dismissed “without prejudice” means the opposite.
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In the legal context of a dismissal, “prejudice” refers to a loss of certain rights or privileges. Oftentimes the word “prejudice” is associated with unfair bias or discrimination, which may lead to the assumption that when a case is dismissed “with prejudice” it is due to some form of discrimination. I would definitely recommend him to anyone who wants an understanding, caring, and truly helpful lawyer.” Pat, CA He was so knowledgeable, and always made sure I understood everything every step of the way. “Robert Helfend is one of the best criminal defense attorneys I’ve ever worked with.