Prejudice is loss or injury. A dismissal with prejudice is a dismissal that is final and cannot be reversed. A dismissal without prejudice can be refiled later by the prosecutor. If the government causes a delay in the case, or evidence is intentionally lost or destroyed by law enforcement, and the defense is made more difficult or inhibited, the judge can find that the defendant was prejudiced by the government’s act or omission and dismiss the charges.
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