Dismissed without prejudice?
This is a discussion on Dismissed without prejudice? within the Trials & Sentencing forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; A friend of mine recently just had a case dismissed 'without prejudice' in which he is being accused of a ...
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#1 |
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A friend of mine recently just had a case dismissed 'without
prejudice' in which he is being accused of a breaking and entering; I know definitively that he is innocent. The accusing officer did not show for the pre-trial hearing, I assume b/c of lack of evidence. The defense attorney motioned for dismissal with prejudice, but the case was ruled dismissed without prejudice. The defense lawyer told him not to worry that it won't be brought up again. How long does the prosecution have to bring this case back into court?--> What is the likelyhood of this happening? Will the charges remain on my friends record even though he is innocent and has not been convicted of anything? He has a strong case for his defense but wants it all to be over with. His face has been plastered all over the news, he spent a night in jail and was beaten up, and now everyone thinks he is a theif. He has no prior record (25 yrs old) What measures should he take? Should he just sit back and pray that he doesn't have to incur additional legal fees and go back to court. How can his name ever be cleared?! |
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#2 |
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They in theory could do so for years.
But as a practical matter if it is not done relatively soon, say within months, it is likely it will not be pursued. |
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#3 |
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My husband had a case dropped per the D.A.'s request, then a few months later, without any new evidence or a new crime they are deciding to prosecute, so my guess is they can do whatever in the world they feel like doing!
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| Thread | Thread Starter | Forum | Replies | Last Post |
| Can I ask the court to dismiss the case "with prejudice" | Unregistered | Debt Collection | 1 | Dec 29th, 2009 02:02 AM |
| Dismissed and undismissed | wggm | Other Criminal Law Matters | 0 | Aug 25th, 2008 05:28 AM |
| prejudice judge | Unregistered | Attorneys & Legal Ethics | 1 | Jun 23rd, 2008 05:25 PM |
| Dismissed and slandered!?!? | Unregistered | Hiring, Firing, Wrongful Termination | 1 | Jun 3rd, 2008 12:10 PM |
| voluntary dismissal of garnishment without prejudice | Unregistered | Debt Collection | 1 | Mar 3rd, 2008 10:20 AM |
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