We showed up for trial in a possession of controlled substance case. The court determined that the prosecutions witnesses, two police officers, were properly served to be there but they both failed to show up. The prosecutor moved the court for a continuance and asked to reschedule the trial. Defense counsel objected to a continuance then moved the court to dismiss the case due to the fact that prosecutions witnesses failed to appear and that the defendant had been in jail for several months, unable to afford bond, awaiting his scheduled day in court and that the police officers had been in the courthouse an hour earlier and had been reminded of the trial at that time, by the prosecutor, but still chose not to appear. The judge dismissed the case but failed to order the dismissal with or without prejudice.
It is only with prejudice of specifically stated or ordered by the judge. Otherwise it could be re-filed.
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