The statute of limitations for a case dismissed without prejudice depends on the original charges and when the clock began. A dismissal without prejudice allows the case to be refiled, as it’s not permanently closed. The statute continues running from the time of the alleged offense unless it’s paused (or “tolled”) by the court.
Let’s take a closer look at the term “dismissed without prejudice” and what it means for your case. A Los Angeles criminal defense lawyer can help you in this situation.
What It Means When Your Case Is Dismissed Without Prejudice
When your court case is dismissed with prejudice, it means your charges are dropped, and the case is officially terminated. It also means that you cannot be tried for this same crime again as that would constitute double jeopardy, violating the Fifth Amendment of the US Constitution.
In California, dismissal with prejudice can be brought by either party (the defense or prosecution) in civil or criminal cases.
A dismissal without prejudice is the opposite of this. Even though the claim has been denied and/or a case has been terminated, there is still an opportunity for the claim and the case to be brought back up without the worry of violating the double jeopardy clause in the Fifth Amendment.
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Reasons for Your Case to Be Dismissed Without Prejudice
Understanding the reason for your case’s dismissal without prejudice can be helpful but difficult. Fortunately, a skilled lawyer can explain why your case was dismissed. Depending on your unique situation, your case may have been dismissed for one of the following reasons:
- A lack of jurisdiction: This means that the crime took place outside where the court has permission to rule.
- Improper service of process: Improper service of process occurs when the court fails to properly notify you of proceedings.
- Improper venue: This occurs when it would be better for another court to handle your case.
It is imperative to understand that if your case was discontinued for any of these three reasons, then there is still a chance that you could be tried for the same crime in the future. Because of this, it remains in your best interest to remain prepared for a legal battle. Working with a skilled attorney is the best way to ensure you’re ready for another trial.
What Does the Word Prejudice Mean in a Legal Context?
Most people understand the word “prejudice” as a preconceived opinion about someone or something that is not based on reason or sound logic. In the legal sense of the word, “prejudice” has nothing to do with preconceived notions.
The term prejudice comes from the Latin phrase “Res Judicata,” meaning “a matter judged.” So, in the courtroom, prejudice means that something is final. Therefore, if your case is dismissed with prejudice, this is the final decision, and you cannot be tried again for the same crime.
What Is Voluntary vs. Involuntary Dismissal?
There are two types of dismissals pertaining to prejudice and two types based on voluntary status. The prosecution can only bring voluntary dismissal since they filed the case. This usually occurs when they believe there is inadequate cause for continuing with litigation. The judge will then decide whether or not the dismissal will be with or without prejudice.
Involuntary dismissal is when there is something intrinsically wrong with the prosecution’s case, whether procedural or substantive. Once again, it is up to the judge to decide whether the dismissal will be with or without prejudice.
This type of dismissal can also be brought if the prosecution team continually asks for delays and voluntary dismissal yet never actually addresses the core issue of their complaints.
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What Happens with the Statute of Limitations for Dismissals?
Many crimes in the state of California have a statute of limitations attached to them. A statute of limitation is a period of time when you are allowed to file a claim. If you miss the date for the statute of limitations, you no longer have grounds to file a case.
If your case is dismissed without prejudice, the charges could be brought back up, but the statute of limitations can stop it from resurfacing. A statute of limitation never changes, so if your case is dismissed, the prosecution must refile before the deadline.
If the prosecution team misses its opportunity to refile before the statute of limitations runs out, you won’t have to worry about standing trial again.
Can the Defendant File for Dismissal?
Now that you know the plaintiff can file a motion for voluntary dismissal, you might be wondering if there’s a way for the defendant to file for dismissal. The answer is “yes.” If you are the defendant and want to have your case dismissed, your defense attorney can file an involuntary dismissal to have the charges dropped and the case terminated.
However, it’s important to remember that it’s up to the judge and only the judge to determine whether the dismissal will be with or without prejudice.
How Long Can Your Case Be Dismissed Without Prejudice?
The amount of time that your case can be dismissed without prejudice depends entirely upon the charges you are facing and the facts of the crime that you are accused of. This is because every crime in the state of California has a different statute of limitations.
If your case was dismissed within two years of the statute of limitations and the statute goes for only two years, then you will be able to walk away without having to stress over a retrial since the deadline for the statute has passed.
What Is an Example of a Case that is Dismissed without Prejudice?
Let’s say that you are being sued for a personal injury claim following a motor vehicle accident that you caused, and it is filed in a small claims court. In this scenario, the victim of the car crash is seeking $20,000 in damages, yet the small claims court only hears cases for compensation of $5000 or below.
In this case, the prosecution can file a motion for voluntary dismissal. The judge can grant it without prejudice so the plaintiff can take the case to a different court to seek $20,000 in compensation.
What Is an Example of a Case that is Dismissed with Prejudice?
Let’s pretend you are being sued for a personal injury claim following a motor vehicle accident. The plaintiff is seeking $20,000 in financial compensation, yet they cannot provide sufficient evidence that you caused the car accident and, thus, their injuries.
In this situation, the prosecution team provides inadequate evidence and keeps trying to delay the process. You and your defense lawyers can file a motion for involuntary dismissal, and the judge can grant it with prejudice, so you don’t have to worry about being tried for the same charges.
How a Criminal Defense Lawyer Can Help Your Case
In addition to explaining what a dismissal without prejudice means for your case, there are many actions a criminal defense attorney can take to help you navigate the legal process. Here’s what an experienced lawyer can do to improve your chances of getting a fair verdict:
- Gather witness testimonies, surveillance footage, fingerprints, physical evidence, alibi testimony, and other forms of evidence.
- Analyze evidence and use it to build a strong defense case on your behalf
- Negotiate with prosecutors to obtain a plea bargain
- File important court documents
- Represent your best interests during legal proceedings and court trials
- Present strong legal arguments and compelling witness testimonies to the jury
- Fight to get the results you need to avoid serious penalties
- Offer legal guidance and address any concerns you have throughout the legal process
As you can see, there’s a lot that an attorney can do to help you win your case. To give yourself the best chance possible at getting a favorable outcome, you’ll want to find an experienced legal representative whom you know you can trust with your defense case.
Meet With a Skilled Los Angeles Criminal Defense Lawyer for Free
Facing criminal charges can be a frightening and confusing experience, especially if you aren’t familiar with legal jargon and statutes. Fortunately, a compassionate Los Angeles criminal defense lawyer from our firm can guide you through the legal process and fight for the ruling you deserve.
Contact Simmrin Law Group today to schedule a free consultation and get started on your defense case. A lawyer from our team can meet with you to discuss your case and answer any question you have. They’ll explain what a dismissal without prejudice means for your case and provide any other information you need to understand your case.
Call or text (310) 896-2723 or complete a Free Case Evaluation form