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It depends on how it was dismissed Dismissed without predjudice means that the charges can be re-filed. Usually this is used when the Judge thinks there is lack of evidence for a conviction. If more evidence is found later, the charges can be re-filed. Dismissed with predjudice means that charges can not be refiled.
noAnother View: Yes, it could be, depending on HOW the case was dismissed. If the judge dismissed the case WITH prejudice it cannot be re-opened. If it was dismissed WITHOUT prejudice it can be.However, if a criminal case is dismissed without prejudice it may not be re-opened IF the applicable statute of limitations for that crime in that situation has lapsed.
Not usually. Unless a case is dismissed "with predjudice", the charges can usually be refiled and the process begun again.
When a case is dismissed with prejudice the State cannot refile the charges.Added: When it is dismissed WITHOUT prejudice, the charges CAN be re-filed and you can be prosecuted. Regardless of what you remember, the original case file will reflect in what manner the original case was resolved. Do the research or ask your attorney.
In general, it means that the lawsuit may not be refiled, and as such, it operates as an adjudication on the merits. The dismissal may be voluntary (that is, the plaintiff dismisses with prejudice when a settlement has been consummated), or it may be involuntary (often as an extreme sanction imposed by the court for disobedience to court orders). The concept also exists in other judicial forums, such as Bankruptcy Court, and has a similar import.
It should be known HOW the case was dismissed. WITHprejudice or WITHOUT prejudice.Also, having a case dismissed does not mean that the record of your arrestdisappears and ceases to exist.
It depends on what the circumstances were. If the case was Dismissed WITH Prejudice, the case cannot be brought again. If the case was Dismissed WITHOUT Prejudice, the case can be brought again.
If it is dismissed without prejudice the case can be filed for suit again. And, if it is with prejudice the case will have notes from the judge and be permanently closed.
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
It means that the case has been dismissed. Does it say anywhere "Without Prejudice or With Prejudice? If without it means that they can re-file the case one more time. After that the case can not be re-opened again. If it says With Prejudice then the case has been dismissed completely.
Means all the facts in the case were heard before the case was dismissed.
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the case to be refiled and re-litigated later.