The Difference Between Charges Being Dismissed With Prejudice and Without Prejudice

While you may welcome a dismissal of any criminal charges that you are facing, it is important to know the difference between the different types of dismissals. When a judge dismisses charges without prejudice, there is nothing to prevent the prosecution from filing the same or slightly different charges against you in the future. In some cases, the prosecutor may file charges without very much evidence. At a preliminary hearing, the judge may dismiss the charges as a result of the lack of evidence. However, the dismissal will be without prejudice. After a dismissal of criminal charges without prejudice, the prosecutor has different options for prosecuting you for the same incident. The prosecutor could change the charges to better fit the evidence or facts as they occurred. In a case in which forensic evidence or chemical testing is important, the prosecutor may wish to have additional testing conducted or have the evidence evaluated by another expert. Additional reports or…

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