Criminal cases are generally not dismissed with prejudice RIGHT?

Asked almost 2 years ago - Houston, TX


Attorney answers (4)

  1. James Kevin Hayslett


    Contributor Level 16


    Lawyers agree

    Answered . You are correct. However the prosecutor has a certain time limit to refile and many times once the judge dismisses the case they are unable to refile the criminal charges.

  2. Joshua Sachs

    Contributor Level 19


    Lawyers agree

    Answered . In my experience the civil terms "with prejudice" and "without prejudice" are not generally used with respect to orders of dismissal in criminal cases. As to whether the prosecution can refile a case that has been dismissed, that depends on the grounds for the dismissal. Often yes, but not always.

  3. Charles Elwood Soechting Jr.

    Contributor Level 17


    Lawyer agrees

    Answered . More facts are needed. If it is early on and there is no form of pretrial diversion, then you're correct they are not generally dismissed with prejudice. If you complete some form of pretrial diversion, probation, etc then it is dismissed with prejudice in effect because charges can never be filed based on this charge again. Post more info about what you're asking and more complete answers will be possible.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  4. Stephen A. Gustitis

    Contributor Level 13

    Answered . Prosecutors generally have total control over whether a criminal case is filed, dismissed, or prosecuted. As long as they have admissible proof beyond a reasonable doubt, theoretically they may charge a person anytime within the statute of limitations, even after a dismissal. There may be other concerns for the prosecution, like constitutional speedy trial rights. But as a practical matter, once a prosecutor dismisses the case they move on and do not revisit it. They may dismiss for a tactical reason, but I find that rarely occurs.

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