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If a California civil court case was dismissed without prejudice how long do the courts have to refile charges?
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What is a dismissed case?
It means that for some legal reason the court has dismissed the charges against the individual. A case may be dismissed "with prejudice" or "without prejudice."
Fiance was indited on 7 felony counts 6 were dismissed and he was found guilty of 1 charge can the other charges be brought up against him again?
Were the 6 charges dismissed WITH PREJUDICE, or dismissed WITHOUT PREJUDICE? If they were dismiessed WITH prejudice they can NOT be used against the defendant again. If they were dismissed WITHOUT prejudice, that means they COULD be brought up again (albeit in slightly different form) and used against him again.
How can you get felony domestic violence charges dismissed without prejudice?
Domestic Violence is one of the charges that cannot be expunged from your record.
What is the difference between dismissed with prejudice and without prejudice?
It is an order issued by a judge actually dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.
Can a dismissed case be re-opened The court never said if it was dismissed with or without prejudice. Just that the case was dismissed and I was free to go?
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.
What does 'dismissed without prejudice' mean when you are in bankruptcy?
Dismissed without prejudice means the creditor cannot further pursue the debt.
Can a person who had a petit larceny charge that was dismissed be a bail bondsman in Oklahoma?
Dismissed WITH or WITHOUT prejudice? On a misdemeanor - IF it was dismissed WITH prejudice - you probably can.
Can the DA add a dismissed case to another case as a count?
It depends on whether it was dismissed with prejudice or without prejudice. If with prejudice, it can never be reinstated. If without prejudice, it can reinstated at any time. Usually a court will dismiss without prejudice.
How long does an attorney have to refile a case that has been dismissed?
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
Dissmissed without prejudice is that good?
Being dismissed without prejudice means that the case can be refiled at a later date. It gives the option to pursue the case again if needed, which can be advantageous in certain situations. However, it also means that the issue remains unresolved and may need to be addressed in the future.
What is order for dismissal without prejudice for divorce?
any court case that is dismissed without prejudice means it can be heard again at a later time. if it is dismissed WITH prejudice, it means don't bring it up again.
Can you retry a 1st degree murder count if you have a hung jury?
Yes, a hung jury does not decide the guilt or innocence of the defendant. Until their is adjudication (decision) of the case that is not a finished case. If a jury is hung the prosecutor has to decide if they want to refile the charges or not. If they chose to refile then the case begins all over again. If not, then the defendant does not have to answer to the charge anymore. When that happens the case is dismissed. It can be dismissed with or without prejudice. If it is dismissed without prejudice then the prosecution can refile charges somewhere down the line; if it is with prejudice they cannot reopen the case.
