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If a criminal case was dismissed with prejudice and law enforcement 1 year later search your house accusing you of same thing is it considered harassment?
Wiki User
∙ 15y ago
It can be. A dismissal with prejudice is equivalent to a "NOT GUILTY" Verdict in your case. That means that the Police, no matter what they find, whether it be a bloody glove or a video of your committing the alleged crime, it cannot reopen its case against you because to do so would put you in Double Jeopardy and violate your 5th amendment right. It is called malicious prosecution and you can sue the police department, city, and DA for it. I really don't know what they are trying to do except harass you because they cannot file criminal charges for the same offense because you've been acquitted. Now, if you commit the same crime after you were acquitted or continued with your illegal conduct after the acquittal, then you can be tried again and they can search your house. A little more should have been mentioned, but oh well. Hope this helps.
Wiki User
∙ 15y ago
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What is dismissed with prejudice?
If a court case is dismissed with prejudice the matter cannot be tried again.
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.
What happens when a company brings you to court for owing money and they dont show and case is dismissed?
You need to ask the court to issue a dismissal order, with prejudice. If the case is dismissed without an order at all, the other side can ask that the case be reinstated, with prejudice means that they filed the case for the purposes of harassment and cannot refile it again for any reason. Caveat; you could still ask that the case be dismissed for failure to timely prosecute the case and that the case is brought solely for the purposes of harassment to injure your credit, plus the fact that the case has already been tried and dismissed.
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?
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."
What does 'dismissed without prejudice' mean when you are in bankruptcy?
Dismissed without prejudice means the creditor cannot further pursue the debt.
Can you sue if the case is dismissed with prejudice?
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.
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.
What is dismissed with?
If a court case is dismissed with prejudice the matter cannot be tried again.
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.
If a criminal case was dismissed can that case be open at a later date?
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.
What does the legal term with prejudice mean?
It can have several meanings depending on the context and the phraseology of the sentence in which it is contained. Give the fully worded example please. "Dismissed with Prejudice" means the case is dismissed, forever.It can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.If the case was dismissed without prejudice, a plaintiff could resurrect it, if, for instance, there was some new evidence. But, "with prejudice" means the court is closing the case permanently.
