What Does “Dismissed Without Prejudice” Actually Mean?

Convincing a prosecutor or judge to dismiss your Los Angeles criminal case is an optimal outcome that can give you a fresh start. However, not all dismissals are the same. Some cases get thrown out completely, while others are dismissed without prejudice. Understanding what it means to have a case dismissed without prejudice could have enormous implications for your future. A criminal defense lawyer in Los Angeles can answer any questions you have.

What Is “Dismissed Without Prejudice?”

A criminal case dismissed without prejudice means the prosecutor can refile it later. A dismissal without prejudice is usually temporary and allows the prosecutor to address potential issues with the case, such as submitting it in the correct court or adding new charges or evidence.

A dismissal with prejudice, on the other hand, closes the case permanently. The Fifth Amendment protects defendants from double jeopardy, or facing the same charges twice. However, prosecutors can pursue new charges against the same defendant.

When Is a Case Dismissed Without Prejudice?

Many factors in a criminal case can lead a prosecutor or court to dismiss a case without prejudice, such as:

• New facts or evidence – The prosecutor might need to amend the original complaint.
• New defendants – Adding additional or new defendants requires the state to refile a criminal complaint.
• Different court – The prosecutor may have jurisdictional issues or strategic reasons for filing the case in a new court.
• Legal errors – The trial judge may dismiss a case without prejudice so the prosecutor can fix issues with the complaint.
• Witness issues – If a witness cannot testify, a prosecutor might seek a dismissal without prejudice until the witness is available.

Who Can Ask for a Dismissal Without Prejudice?

Prosecutors and judges can ask to dismiss a case without prejudice. Defendants cannot request a dismissal without prejudice. However, they can ask their attorney to ask the court to dismiss a case with prejudice. It’s up to the trial judge to examine the defendant’s petition and decide whether a dismissal with prejudice is appropriate. If the judge grants the defendant’s petition, that’s the end of the case.

Legal Implications of a Dismissal Without Prejudice

A dismissal without prejudice can buy you time to build your defense, but the fact that prosecutors can resubmit the case means you should still expect to face charges and the potential consequences of a conviction.

How a Los Angeles Criminal Defense Attorney Can Help

An experienced criminal defense attorney can help you make the most of the extra time a dismissal without prejudice gives you. Your lawyer can use that time to gather additional evidence, interview witnesses, file motions, or petition the judge to have your case dismissed completely.

At the Law Offices of Justin E. Sterling, we keep working on our clients’ cases until they conclude. If your case gets dismissed without prejudice, you can count on us to continue building a robust defense so we’re prepared to respond swiftly if your charges get refiled. Call us now or complete our contact form for a free consultation.