Dismissal without Prejudice Definition

A dismissal of a criminal charge without prejudice means that the government can re-file the criminal charge. Conversely, a charge dismissed “with prejudice” is terminated permanently. For example, suppose an essential witness fails to appear for a preliminary examination.

In that case, the prosecutor cannot proceed with their case, and the judge will dismiss the charge without prejudice. The prosecutor can bring the charges back to court if the witness becomes available.

What are Dismissals With and Without Prejudice?
A Defense Can Result in Dismissal or a Not Guilty Verdict
Expert’s Perspective on Preliminary Examinations

External Resource

Difference between dismissed with or without prejudice
Dismissal without prejudice
Dismissals with Prejudice vs. Without Prejudice: What’s the Difference?

Dismissal
Prejudice
Motion
Preliminary Examination

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