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13y ago

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What does felony dismissal really mean in new york city?

It depends on the type of the dismissal. Dismissal WITH prejudice means that the charges cannot be brought against that defendant again.. Dismissal WITHOUT prejudice means that the charges MAY be re-filed against the defendant.


Is it considered double jeopardy in retrying a case that was already dismissed by the courts?

Not necessarily - there are two types of Dismissal. Dismissal WITH prejudice... and... Dismissal WITHOUT prejudice. With prejudice mean that the judge has thrown that particular charge out and it cannot be brought against you again. Without preudice means that he is temporarily dismissing but it does NOT bar the same case from being re-insiituted.


WHAT DOES DISMISSED WITHOUT PREJUSTICE MEAN?

"Dismissed without prejudice" means that a case is closed but can be refiled in the future. This type of dismissal allows the plaintiff to correct any issues or bring the case again, as it does not affect the merits of the claim. It contrasts with a dismissal "with prejudice," which permanently bars the plaintiff from bringing the same claim again.


Does dismissal with prejudice in a domestic violence case mean you can own firearms again?

No


What is a dismissed conviction?

It means just what the wod implies, they were dismissed. However- there are two types of dismissal; dismissal WITH prejudice, and dismissal WITHOUT prejudice. "With" means that the charge "goes away" and that particular charge cannot be re-instituted. "Without" means that although the charge was dismissed you CAN be re-charged once again. You definitely need to find out which one applies to you. A "dismissed" conviction does not mean that you're found "not guilty," or were "pardoned." The record will appear on your criminal history record.


What does dismissed without prejudice mean in a restraining order?

"Dismissing a restraining order without prejudice" means that the court has ended the case, but the petitioner retains the right to refile the restraining order in the future if necessary. This type of dismissal does not resolve the underlying issues or prevent the petitioner from seeking protection again later. It contrasts with a dismissal with prejudice, which would permanently bar the petitioner from bringing the same claim again.


Does Nolle Prosse mean the same as dismiss without prejudice?

No, only the prosecutor can issue a Nolle Prossequi (I decline to prosecute) - and only a judgecan issue a dismissal.


Does dismissed with prejudice mean guilty?

The type of dismissal HAS to be specified. If it wasn't - ask. It can make a BIG difference.


What does this mean Case disposed with disposition of request for dismissal?

It means exactly what it says. It was disposed of due to a request for dismissal. What you REALLY need to find out is - was the dismissal WITH prejudice or WITHOUT prejudice. IT MAKES A DIFFERENCE.


What does dismissed without prejudice mean in small claims cases?

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.


What does Relief is denied as moot without prejudice to reassert mean?

"Relief is denied as moot without prejudice to reassert" means that a court has dismissed a request for relief because the issue is no longer relevant or applicable (moot). However, the phrase "without prejudice" indicates that the party can bring the issue back to court in the future if circumstances change. Essentially, the dismissal does not prevent the party from pursuing the same claim later.


What does it mean when a petition is dismissed by a judge?

When a petition is dismissed by a judge, it means that the court has decided not to proceed with the case, often due to lack of legal merit, insufficient evidence, or failure to follow proper legal procedures. This dismissal can be with or without prejudice; if it's "with prejudice," the petitioner cannot bring the same claim again, while "without prejudice" allows for the possibility of re-filing. The dismissal effectively ends the legal action in question, and the petitioner may need to explore other legal options if they wish to continue pursuing the matter.