When a criminal case is dismissed, it can either be a dismissal with prejudice or without prejudice. How a case is dismissed if at all has a major impact on you and your life. This blog post explains what a dismissal with prejudice means in your Wagoner County criminal case
Defining a Dismissal With Prejudice
A dismissal with prejudice in a criminal case means that case against you is dismissed without the opportunity for the State to refile the charge against you. This type of dismissal effectively ends the case and bars the prosecution from bringing the same charge against you in the future.
Difference Between Dismissal Without Prejudice
By comparison, a dismissal without prejudice allows the prosecution to refile the charges later. This often happens when the prosecutor lacks sufficient evidence at the time but may obtain more evidence later. A dismissal without prejudice leaves open the possibility that the defendant could face the same charges again in the future. It effectively leaves you in danger of being accused of the same charge if the state comes up with new evidence that they can use against you.
Reasons a Case Might Be Dismissed With Prejudice
A criminal case may be dismissed with prejudice for several reasons, including:
- Lack of Evidence. If the prosecution does not have enough credible evidence to prove the defendant’s guilt beyond a reasonable doubt.
- Constitutional Violations – If a defendant’s constitutional rights were violated (such as unlawful search and seizure, denial of a speedy trial, or police misconduct), the court may dismiss the case with prejudice to prevent further legal injustices.
- Prosecutorial Misconduct. If a prosecutor engages in misconduct, such as withholding exculpatory evidence, the judge may dismiss the .
- Failure to Prosecute – If the prosecution unreasonably delays the case, violating the defendant’s right to a speedy trial, a judge may dismiss the case with prejudice.
- Court-Ordered Dismissal – A judge may grant this based on a motion from the defense if there are compelling legal grounds to do so.
Impact of a Dismissal With Prejudice on the Defendant
This is the best possible outcome for a defendant short of an acquittal because:
- The case is permanently closed.
- The defendant cannot be prosecuted again for the same offense.
- It prevents future legal harassment regarding the dismissed charges.
- The defendant may be eligible for expungement to remove records of the charge from public view.
Can a Dismissal With Prejudice Be Appealed?
Generally, the Wagoner County prosecution has limited options to appeal a dismissal with prejudice. If the dismissal was based on a legal error by the judge, the prosecution may attempt to appeal the ruling. However, once a final decision is made, it is typically binding, and the defendant cannot be retried for the same alleged crime.
Expungement After a Dismissal With Prejudice
Even though a dismissal with prejudice prevents re-prosecution, the record of the arrest and case filing may still appear on background checks. In Oklahoma, defendants may seek expungement to remove the record of the dismissed charge. For dismissed cases an expungement requires that the statute of limitations for refiling to have run. In the case of prejudice the state is precluded from refiling so you can seek an expungement of the filed case much sooner.
Talk To A Wagoner County Criminal Defense Attorney
A dismissal in a criminal prosecution is a major legal victory for the defendant and your criminal defense attorney because it means the case is permanently closed and cannot be refiled. Additionally you can take the extra step and get the record sealed much quicker through the expungement process. For a Free consultation with a Kania Law Office – Wagoner Attorney call us at 918.283.7394. Or you can follow this link and ask an online legal question.
