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FWOP = For Want (i.e.: lack) of Prosecution. The way the question is worded it sounds as if the defense is filing a motion to dismiss the case - "for want of prosecution."

If the judge agrees, it depends entirely on whether they dismiss the case WITH prejudice or WITHOUT prejudice. If it is WITHOUT prejudice the case COULD be opened again by the prosecution. If it is WITH prejudice the case is over and finished and can never be brought again (for THIS particular offense).

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