Although any kind of dismissal is usually welcomed by a defendant, it is important to argue that the dismissal should be with prejudice whenever it may actually result in legal prejudice. If dismissal might result in legal prejudice to the defendant (like, for example, a critical defense witness may no longer be available due to the resulting delay), the judge can order that the dismissal be with prejudice. If the judge does not grant a continuance, the state will likely move to dismiss the charges without prejudice and then try to re-file them to get a second chance.īoth of these scenarios are pretty common in misdemeanor DUI and domestic violence cases. The time accruing while the case is dismissed will not count against the state when calculating speedy trial time limits.Īnother reason the state might move for dismissal without prejudice is that it has lost contact with an important witness or that a witness failed to appear to testify at a hearing. Rather than risk violating a defendant’s speedy trial rights, the state will buy more time by dismissing the charges without prejudice and then re-filing them. The state may be waiting on critical evidence, like a blood test or a DNA test. Often, dismissal without prejudice is a delay tactic. Why would the state dismiss charges if it plans to re-file them in the future? There are many reasons, but it usually means that the state is not prepared. This is the default dismissal type, which typically happens when the state itself moves to dismiss the charges for some reason. If charges are dismissed without prejudice, the charges can be re-filed within certain time limits. ![]() This often happens when a judge orders dismissal for some legal reason. If charges are dismissed with prejudice, they can never be re-filed. There are two kinds of dismissal in Arizona: (1) dismissal with prejudice, and (2) dismissal without prejudice. It usually happens when charges have been dismissed without prejudice. Unfortunately, this happens pretty often with misdemeanor charges in Arizona. Other times, people are simply shocked that this can happen and feel like they are being treated unfairly. Sometimes the people who ask this question have just learned that they have a warrant out for their arrest. ![]() I get a lot of calls from people with cases in Tucson City Court or Pima County Justice Court who ask how the state can "bring back” old charges against them that have already been dismissed.
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