That depends. If you mean that you were found not guilty, then no. That would be considered double jeopardy which is illegal. They can, however; charge you with other crimes as long as they dont rely on the original crime heavily as evidence.
It can be done but if nothing has changed why would a party expect a different result? If you are doing it for a reason there is generally a rule that permits it. If there is no reason there is rule that punishes you for wasting the court's time.
YES if dismissed without prejudice.
NO if dismissed with prejudice.
RULE 11: If you refile on the same evidence and it constitutes an abuse of process then you face sanctions.
APPEALS EXHAUSTED OR EVIDENCE/FACTS CHANGED?: If a party is refiling a motion that was dismissed/denied, we would need to know what the situation is: Why didn't the party appeal (interlocutory appeals can be filed in special circumstances); Since this is the exact same case, does new evidence or the exclusion of prior evidence justify asking the court to revisit an old ruling?
If it was dismissed without prejudice then yes, they can be refiled. If the charges were dismissed with prejudice then it cannot be refiled.
Only if the acting judge dismisses "without Prejudice" You can usually refile
If a case in Small Claims was dismissed with no prejudice, the plaintiff typically has the opportunity to refile within the statute of limitations period for that particular claim. The specific time frame for refiling will depend on the laws in the jurisdiction where the claim was filed. It is advisable for the plaintiff to consult with an attorney or research the specific laws in their area for accurate guidance.
If the plaintiff doesn't show up in a California small claims court, the case may be dismissed. The defendant may also ask for a dismissal due to the plaintiff's absence. The judge will typically rule in favor of the defendant if the plaintiff is not present to present their case.
In small claims court, if the attorney for the plaintiff does not show up, the case may still proceed. However, it ultimately depends on the judge's discretion. The judge may choose to dismiss the case or reschedule it for a later date.
The wording of the question is too cryptic - however - it appears that the Plaintiffs claim was dismissed due to the plaintiff's lack of prosecution (e.g.: The plaintiff failed to appear in court to press their case -or- the plaintiff withdrew their case- etc).
nope shoulda showed up
The plaintiff does when they file a claim. These charges can be recovered if the plaintiff wins his case.
In all civil cases, the term "without prejudice" means that the Plaintiff may file a lawsuit based on the same cause of action a second time. Many states limit the Plaintiff to only one re-filing.
Small claims court in the county where the defendant resides or the county in which the claim arose.
Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.
If the defendant does not show up in small claims court, the judge may enter a default judgment in favor of the plaintiff. This means that the plaintiff wins the case by default since the defendant did not appear to defend themselves. The plaintiff may then be awarded the relief requested in their claim.
For any reason, if you believe the plaintiff owes you money. If you are requesting anything other than money, or if the amount of money you are requesting exceeds the small claims maximum, see an attorney in your area.
No. Dismissed with prejudice means the case has already been adjudicated, and that res judicata would prohibit bringing the case again. Furthermore, small claims court is a level of civil court that has a lower monetary jurisdiction than other levels. The alternative to civil court is criminal court, and small claims cases are not, by their nature, criminal matters.