When a case is dismissed “without prejudice,” it offers a potential second chance. Both civil and criminal cases can be dismissed in this manner. Essentially, it provides the plaintiff or the prosecutor an opportunity to refile their claim or charges, typically after rectifying issues with the original submission. This stands in contrast to dismissals “with prejudice,” where refiling isn’t an option.
Keep reading to learn more. If you are facing a criminal charge, contact Chambers Law Firm at 714-760-4088 right away to request a free legal consultation with an attorney.
The ramifications of a “without prejudice” dismissal allow the case to resurface. Whether it’s a civil or criminal case, it can be reintroduced. Essentially, this type of dismissal offers a hiatus, not an end. When it’s time to refile, there are several avenues: presenting the case in another court, targeting different individuals or entities, or even revising it to introduce new assertions, details, or charges. Crucially, the refiling should occur before the statute of limitations expires.
The decision for such dismissals can originate from two sources: the prosecutor or plaintiff’s request or a court order. But why would someone willingly seek this?
Voluntary dismissals without prejudice happen when the prosecutor or plaintiff solicits the court to remove the case, with the intention to bring it back later. Several situations might warrant this:
Consider this scenario: Imagine Betty, a tourist in California, facing grave injuries from a vehicular mishap. Her legal representative lodges a claim in a Californian court. Yet, as the gravity of her injuries escalate, the legal damages exceed $75,000, making her case eligible for federal jurisdiction. Preferring a non-local jury, Betty’s attorney seeks a voluntary “without prejudice” dismissal to move the case to a federal district court.
The term “involuntary dismissal” pertains to scenarios where a judge takes the initiative to remove a case without the plaintiff or prosecutor’s request. Various reasons can trigger this:
If it’s an involuntary dismissal without prejudice, the plaintiff or prosecutor has the liberty to rectify the discrepancies leading to the dismissal and to refile. But time is of the essence, especially if the statute of limitations is on the verge of expiration.
The clock doesn’t pause with a “without prejudice” dismissal. The statute of limitations remains unaffected. If your lawsuit faces such a dismissal and the statute of limitations lapses before refiling, the case will encounter another dismissal, but this time, “with prejudice,” rendering it inadmissible due to being time-barred by the statute of limitations.
For instance, suppose Raphael faces assault charges. Legal irregularities in the documentation lead the judge to discard the case “without prejudice,” allowing prosecutors a chance to rectify and refile. However, they falter with timing. By the time it’s presented again, the one-year legal timeframe for assault allegations has passed, prompting Raphael’s defense to request a dismissal on account of time constraints.
A “with prejudice” dismissal is a firm conclusion. No room exists for the same or analogous charges to be refiled. Yet, alternate charges remain an option for the prosecutors. For plaintiffs, a “with prejudice” conclusion signifies a lost cause.
Several scenarios can lead to a “with prejudice” dismissal, including:
In the realm of criminal law, a “with prejudice” dismissal is akin to a victory. It is always the top aim for defense attorneys, such as the dedicated team at Chambers Law Firm . Call us at 714-760-4088 for a legal consultation.
