Sometimes the people who ask this question have just learned that they have a warrant out for their arrest. Other times, people are simply shocked that this can happen and feel like they are being treated unfairly. Does it mean the nightmare is over, or could they face additional criminal charges? If your case is dismissed without prejudice, this means that the prosecutor can still refile the charges later. Nothing on this website is intended to create an attorney-client relationship. The time accruing while the case is dismissed will not count against the state when calculating speedy trial time limits. . Dismissals without prejudice happen far too often in Tucson City Court and Pima County Justice Court, but this can be a good thing because dismissal without prejudice doesn’t necessarily mean that the charges will be re-filed. From my first meeting with Michael, his professionalism, insight and concern provided me confidence that I had met the right attorney to handle my difficult legal matter. The information provided herein does not constitute legal advice, but is for general information purposes only. Unfortunately, this happens pretty often with misdemeanor charges in Arizona. The difference between a case being dismissed with prejudice is that those types of cases cannot be refiled. * This blog is published by Tucson criminal defense lawyer Nathan D. Leonardo. Mike Fell represented me in a criminal defense matter. . Your IP: 126.96.36.199 At the very least, if a warrant is issued and you can establish that MVD had your address, you may be able to argue for dismissal due to the state’s failure to exercise due diligence to find you. It is very rare for a judge to dismiss a case without the defendant first filing for a motion to dismiss. This is called an involuntary dismissal, and it can occur because the case was filed in the wrong jurisdiction and the court does not have the power to hear it, due to a lack of personal jurisdiction in which the court does not have power over the defendant (such as in juvenile court versus adult court), when the case is filed in the wrong venue, or when the defendant was not properly served. | Website by Webstract Marketing. I know I’m fortunate to have met Michael and I would highly recommend him to anyone needing his services. This often happens when a judge orders dismissal for some legal reason. Both of these scenarios are pretty common in misdemeanor DUI and domestic violence cases. © 2020. We highly recommend him to anyone! This temporary dismissal means that the plaintiff is allowed to re … Nothing on this website is intended to create an attorney-client relationship. Whereas a case that is dismissed “with prejudice” is dismissed permanently, a case that is dismissed “without prejudice” is only dismissed temporarily. This is the default dismissal type, which typically happens when the state itself moves to dismiss the charges for some reason. • Often, dismissal without prejudice is a delay tactic. Contact Law Office of Michael L. Fell now at (949) 585-9055 to request your free legal consultation. Assume officers arrested the defendant for shoplifting in January 2012 and prosecutors formally filed charges the following June. . The state has up to one year from the date of the offense or six months from the date of dismissal, whichever is longer, to re-file the charges. Get a free legal consultation with a criminal defense attorney. . The state may be waiting on critical evidence, like a blood test or a DNA test. I get a lot of calls from people with cases in Tucson City Court or Pima County Justice Court who ask how the state can “bring back” old charges against them that have already been dismissed. A dismissal without prejudice permits the re-indictment or retrial of a defendant on the same charge. All Rights Reserved.
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