QUESTION
If a criminal charge is dismissed with prejudice due to it being untimely filed, can that charge be added on later?
Asked on Jul 02nd, 2013 on Criminal Law - California
7 ANSWERS
If a case is dismissed with prejudice, it cannot be refiled.
Answered on Jul 08th, 2013 at 11:17 AM
Michael J. Breczinski
If it is dismissed with prejudice then it can't be refilled. Dismissal without prejudice is another matter entirely.
Answered on Jul 03rd, 2013 at 1:51 PM
Geoffrey MacLaren Yaryan
If dismissed with prejudice that generally means it cannot be re-filed.
Answered on Jul 02nd, 2013 at 5:27 PM
Tax Law Attorney serving Birmingham, AL
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When a charge is dismissed with prejudice, this generally means that the charge can not be brought again later. Dismissing it without prejudice, on the other hand, means that the charge can be brought again. If your criminal charge was dismissed with prejudice due to the statute of limitations for the offense expiring, then that charge should not be able to be refiled, absent some extraordinary circumstance.
Answered on Jul 02nd, 2013 at 5:09 PM
Bankruptcy Attorney serving Federal Way, WA
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If it is dismissed with prejudice, the charges can never be re-filed. If dismissed without prejudice, then the charges could be re-filed later, provided it is not beyond the statute of limitations.
Answered on Jul 02nd, 2013 at 4:39 PM
Criminal Defense Attorney serving Birmingham, AL
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If something is dismissed "with prejudice," it means that it can't be brought up again. If it is dismissed "without prejudice," that particular case is dismissed, but the cause of action can be brought before the Court again.
Answered on Jul 02nd, 2013 at 3:38 PM
No. What do you think "with prejudice" means?
Answered on Jul 02nd, 2013 at 3:36 PM