WHAT DOES “DISMISSED WITH PREJUDICE” MEAN IN A CRIMINAL CASE
Dismissal of a criminal case may occur before, during, or after trial. It may be the result of a motion to dismiss by the prosecutor or by the defendant, or due to a determination made by the court without a motion from either party.
DISMISSED WITH PREJUDICE
In the dismissal context, the term prejudice refers to whether the court has made a final determination on the case. The prejudice relates to the prosecutor’s ability to pursue the charges in another subsequent proceeding.
A dismissal with prejudice
means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges. In a dismissal without prejudice, the prosecutor can refile the charges (or file new charges based on the same circumstances) at some future time.
A dismissal with prejudice is much more desirable for the defendant than dismissal without prejudice. When a criminal case is dismissed with prejudice, the prosecutor cannot file new charges or reopen the case. The dismissal permanently ends the case in the defendant’s favor.
The prosecutor’s only option for continuing the case is to appeal the dismissal ruling to a higher court, which may happen if the prosecutor disagrees with the judge’s decision...