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A Dismissal WITH PREJUDICE, means that the same charge cannot be re-filed by the prosecutor - altho the defendant may file a request for such a motion - it is strictly the judge's prerogative.
A ruling of "Dismissed Without Prejudice" renders that particular prosecution moot. Effectively, you have been released from custody and are a 'free' person with no charges against you. As such you have no grounds or 'standing' to make such a request.IF the prosecution seeks to re-activate the charge (which a dismissal without prejudice legally allows them to do), ONLY upon your re-arrest and subsequent arraignment can you request a change of venue for any subsequent proceedings.
Counterclaim under FRCP 13.
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.
The defendant cannot change the citation notice before or after they sign it. The issuing authority (usually officer) completes the citation notice.
YOU make the change!
A change of venue is asked for when a defendant cannot receive an impartial trial in the original location.
Opinions based on prejudice are often deeply ingrained and resistant to change. People tend to hold onto these beliefs strongly because they are rooted in bias and can be difficult to overcome without conscious effort to challenge and educate oneself.
A change of venue is asked for when a defendant cannot receive an impartial trial in the original location.
A change of venue is asked for when a defendant cannot receive an impartial trial in the original location.
Change of Venus
No. Any such action should be reported to the state attorney general.If the defendant has already been sentenced, then the case is adjudicated, completed, finished, over, done with.It would be an impossibility for a prosecutor to alter the entire preceding case and change the charge (after-the-fact) for which the defendant has already been tried and sentenced.If they wished to charge the adjudicated defendant with a NEW offense, then that avenue is open to him.