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Wife filed a contempt charge which the public defender got her to drop with prejudice. Now she is threatening to file a new one.

Sacramento, CA |

In the original charge she brought up an unpaid bill in her statement on question 8d-other material facts. Now she's trying to file a new charge about that same bill. Since it was included in the original filing which was dropped with prejudice, isn't it true she cannot charge it again?

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Attorney answers 4

Posted

Based upon the fact pattern provided here, it appears that it would be barred. However, I strongly encourage you to review such with an attorney since there may be additional facts not discussed here. Many reputable attorneys offer a free consultation. Please contact at least one soon.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

Posted

Depending on what the order said and the allegations it is theoretically possible to have another violation supported by the same evidence but unlilely. Consult with an attorney.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

Posted

Sounds like you're absolutely right. "With prejudice" means that it cannot be refiled.

Posted

The general answer here is that a dismissal with prejudice means that the same charge cannot be filed again. However, there are often times nuances as to what was dismissed with prejudice and what wasn't. Your best bet would be to consult with an attorney to figure out exactly what happened with the first complaint and what it might mean for the future.

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