No one 'wins,' but what it means is that the defendant can not be re-charged for the same offense.
Without prejudice means that the state can bring the same charge again.
When a case is dismissed with prejudice, it means that the case is permanently closed and cannot be brought back to court. On the other hand, when a case is dismissed without prejudice, it means that the case can be refiled in the future.
When a case is dismissed with prejudice, it means that the case is permanently closed and cannot be brought back to court. On the other hand, when a case is dismissed without prejudice, it means that the case can potentially be refiled in the future.
If a court case is dismissed with prejudice the matter cannot be tried again.
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.
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
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.
If a case is dismissed with prejudice at the defendant's cost, it means that the plaintiff wins the case. The dismissal with prejudice means that the plaintiff cannot bring the case again, and the fact that it is at the defendant's cost indicates that the defendant is responsible for covering any expenses related to the case.
It depends on what the circumstances were. If the case was Dismissed WITH Prejudice, the case cannot be brought again. If the case was Dismissed WITHOUT Prejudice, the case can be brought again.
If it is dismissed without prejudice the case can be filed for suit again. And, if it is with prejudice the case will have notes from the judge and be permanently closed.
When a case is dismissed with prejudice the State cannot refile the charges.Added: When it is dismissed WITHOUT prejudice, the charges CAN be re-filed and you can be prosecuted. Regardless of what you remember, the original case file will reflect in what manner the original case was resolved. Do the research or ask your attorney.
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.
If a court case is dismissed with prejudice the matter cannot be tried again.