Tuesday, August 24, 2010

What are the legal ramifications of a judge dismissing a case ';with prejudice';?

as opposed to a dismissal without prejudice?What are the legal ramifications of a judge dismissing a case ';with prejudice';?
info police info is incorrect. a dismissal of a case, with or without prejudice, ordinarily occurs before a trial on the evidence is begun. a dismissal with prejudice means the prosecutor cannot bring the same charges against that person again. this may occur if judge feels that prosecutor is unnecessarily delaying the case or some such. a dismissal with prejudice protects an accused from having to spend more money and time defending the charges. a dismissal of a case without prejudice means the same complaint or charges can be brought against the person again.What are the legal ramifications of a judge dismissing a case ';with prejudice';?
Dismissing with prejudice means that charges can be filed again in the future if the prosecution gets new evidence or amends the charges or something to that effect.





Dismissed without prejudice means the judge is basically ruling not guilty on the charges and double jeopardy would prevent the prosecution from charging the defendant again.
Actually -


with prejudice means it cannot be brought again


without prejudice means its dismissed ';for now'; but can be revisited with new evidence or by re-filing.


Info police has the explanations correct- you just have to switch the with or without part.
It means the case cannot be reopened or revisited. The judge's decision is final.
It means that the judge is not happy about the decision, but he or she must make it based on the evidence and the case cannot be reopened due to double jeopardy.

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