When a case is dismissed in the California court system, it is done so with prejudice or without prejudice. Cases are dismissed with prejudice when the plaintiff or prosecution sees no reason to refile the case in the future, but why would a case be dismissed without prejudice?
When a case is dismissed without prejudice, it means that the plaintiff or prosecution will have a chance in the future to refile the case. There are several reasons why cases are dismissed without prejudice, one of them being that the plaintiff needs more time to gather evidence. A Los Angeles DUI Lawyer can provide the information you need to understand your case dismissal.
Reasons Why a Case Would Be Dismissed Without Prejudice
There are several reasons why a case would be dismissed without prejudice. Having a knowledgeable lawyer by your side throughout your case can help you understand the reasons behind a dismissal. A judge may dismiss a case without prejudice for any of the following reasons:
- They don’t have subject matter jurisdiction
- They don’t have personal jurisdiction
- They are not the right venue to handle the case
Prosecutors and plaintiffs may request that a case be dismissed without prejudice for the following reasons:
- A settlement has been reached, and no further legal action is required
- There was a procedural defect
- The plaintiff wants to withdraw their claim voluntarily
- The plaintiff realizes that the case is not winnable
Dismissing a case without prejudice gives the prosecution time to adjust its case and refile charges when it feels more prepared. However, the prosecution is still subject to the statute of limitations, which means that it only has so long to refile charges.
Note that charges dismissed with prejudice cannot be brought back. The judge ends a case by dismissing it with prejudice. Additionally, the court usually will not allow the prosecution to repeatedly file charges, even if a case is dismissed without prejudice multiple times.
Reasons Why Prosecutors Refile Charges in California
Now that you’re familiar with some of the reasons why a case would be dismissed without prejudice, it’s time to take a closer look at why prosecutors refile charges in California. In many cases, the prosecution will file a motion to dismiss without prejudice to give them the time they need to gather additional evidence.
For example, let’s say you are facing DUI charges in Los Angeles. Since it often takes time for blood alcohol content (BAC) tests to come back after a DUI arrest, the prosecution may not have the results of a BAC test initially. This could cause the court to dismiss your charges without prejudice. However, once the test results come in, the prosecution can refile the charges.
If this has happened to you, a lawyer can take steps to discredit the results of a BAC test. Your lawyer could even request a sample of the blood to run independent tests or present evidence that shows law enforcement officers pulled you over without probable cause.
An attorney can work to get your case dismissed with prejudice, so you don’t have to worry about charges being refiled. That said, if the prosecution does refile DUI charges against you, an attorney can also protect you from severe consequences. No matter how complicated your case is, a skilled lawyer can fight relentlessly to get your charges dropped or reduced.
Additional Information About Dismissing a Case in California
If you’ve been brought up on DUI charges in California, it’s important to learn about the legal process so you can navigate your case with ease and confidence. The legal system in California allows you to file a motion to dismiss if you are brought to court.
Motions to dismiss can be used in both civil and criminal cases and are often made after initial hearings. After the arraignment hearing, a lawyer can focus on investigating the charges you’re facing. They can then choose to file a motion to dismiss under Penal Code (PEN) §991 or Penal Code §995.
PEN §991 covers motions to dismiss for misdemeanor charges and PEN §995 deals with felony charges. Whether you’re facing misdemeanor or felony charges, you can count on an experienced attorney to provide the information and representation you need to avoid a damaging outcome.
Penalties You Could Receive From a Misdemeanor or Felony Charge
Understanding the process involved with case dismissal is incredibly important, as misdemeanor and felony convictions can result in serious penalties. Fortunately, having a skilled legal representative who understands the ins and outs of having your case dismissed or your
charges dropped can help you get a positive outcome.
If you’re convicted of a misdemeanor or felony, you could face the following outcomes
- Probation
- Court fines
- Prison time
- License suspension or revocation
- A mark on your criminal record
- Reputational damage
- Difficulty finding employment
Certain charges in California are considered “wobblers.” The prosecution can treat wobblers as misdemeanors or felonies. Driving under the influence (DUI) is often recognized as a wobbler. If you’re facing DUI charges, you’ll want to hire a seasoned attorney so you can avoid the penalties associated with a felony conviction.
A lawyer can focus on filing the correct motion to dismiss your charges so you can move forward with your life without a criminal record.
How an Experienced DUI Defense Lawyer Can Combat Your Charges
Whether your case has been dismissed without prejudice or you’re still facing DUI changes, an attorney can help you avoid a serious conviction. Here’s what a skilled DUI defense lawyer can do to help you get the best outcome from your case possible:
- Gather evidence like witness testimony, field sobriety test results, BAC test results, dashboard camera footage, police reports, and more
- Use evidence to build a robust DUI defense strategy
- Challenge the arresting officer’s conduct, BAC test results, and other pieces of evidence the prosecution has against you
- Negotiate a plea bargain with prosecutors
- File a motion to dismiss
- Represent you during Department of Motor Vehicles (DMV) DUI hearings
- Present compelling evidence and legal arguments if your case goes to trial
- Provide legal guidance throughout the duration of your case
These are just a few of the steps that an attorney can take to protect you from a DUI conviction. When you hire a committed defense lawyer, they’ll use all their legal knowledge and resources to get your charges reduced or dropped completely.
Learn More About Why a Case Would Be Dismissed Without Prejudice
If you’re still wondering why a case would be dismissed without prejudice, an attorney can provide more in-depth information. A lawyer can also construct a strong defense case on your behalf and work tirelessly to combat your DUI charges.
Contact a Los Angeles DUI lawyer today to learn more about your case and motions to dismiss. We’ll provide the guidance and resources you need to make smart legal decisions. We look forward to hearing from you soon and answering any questions you have about your DUI defense case.
