Can a charge be refiled and charge you with the same crime if it was dismissed without prejudice????

Question

I am just woundering if anyone knows if someone get charged with a crime and they dismiss the charge without prejudice but then can they refile that charge or is that considered double jeopardy??? If anyone knows please let me know. thanks

Answer 1

Yes it can be refiled.  If it is dismissed WITH prejudice charges cannot be refiled.  Good luck.

Answer 2

If something is dismissed without prejudice, in my understanding, more evidence can be gathered and it can be tried again.  I've never heard the term used in criminal cases before, though, only civil, but I'm not a lawyer.

Answer 3

Yes, dismissed without prejudice means that the case is dismissed at this time, but that the charges can be refiled at a future time.

Answer 4

Yes.  That is the meaning of "without prejudice", that "jeopardy" has NOT attached.  It means the case is NOT being dismissed on the merits or lack thereof, but because of some technical deficiency, and that the case has not gone far enough to place the defendant in jeopardy.

The prosecution has leave to refile the case when the deficiency is cured.

Answer 5

It is considered double jeopardy. Once that charge is dismissed, with or without prejudice, the person can not be recharged under the same charge. However, there is a possibility that they can refile under federal court, if the case was dismissed in state court, or refiled in state court, if the case was dismissed in federal court. Hope this helps.

Answer 6

Sometimes people say a charge was "dismissed" when it was actually "nolle prossed," which simply means that the prosection is not quite ready to proceed with charges, so they are temporarily (or permanently) dropping the charges.  If a case is dismissed, that is the judge's determination that there is not probable cause to proceed.

Hope that helps!