Can a dismissed with prejudice case be appealed?

Answer 1

If the judge dismissed it with prejudice, it doesn't necessarily mean that you "won." All that disposition means is that the JUDGE didn't believe the case against you was grounded in law.

Whether the case was civil or criminal, the EXACT same charge could not be brought against you again at the level of original jurisdiction, however, if the Plaintiff (or Prosecutors Office) appealed the judge's decision to the appelate level, the appelate court could conceivably overrule the original judge's dismissal which would have the effect of re-activating the case. If the appelate court refused to hear the appeal, or it affirmed the judge's decision THEN the case would truly 'go away.'

Answer 2

Yes you can change courts because the case in question is; "without prejudice". Define prejudice. This will be your starting point as to the why the case can change courts.

Another View: The ruling "Dismissed Without Prejudice" indicates that the court has given the prosecution the option of re-opeing the case if they choose.

If this occurs, you have the right to request a change of venue, but you (or your attorney) will have to show legal cause to justify the request for this action.

Answer 3

A case dismissed with prejudice means it can not ever be brought again. A case dismissed without prejudice may be brought again as long as the statute of limitations governing the case has not run out.

Answer 4

You cannot be charged again with that same particular offense.

That being said, the fact that the case was DWOP'd does not erase the record of your arrest or involvement in it, and THIS information could theoretically be referred to by the prosecutor in the furtherance of another case against you.

Answer 5

Yes. The "without prejudice" part, means that it can be re-instituted again.

Answer 6

Yes, you can be. It is only if the charge was dismissed WITH prejudice that the case would have 'gone away.'