In short, the answer to this question is: yes. The prosecution can reopen charges for cases dismissed without prejudice. However, they cannot reopen charges for cases dismissed with prejudice. Find out more about the dismissal of criminal charges with the Simmrin Law Group. Reach out to us for help by calling (310) 997-4688.
Understanding the Dismissal of Charges in California
The court system in California has the right to dismiss charges. Dismissing charges means the court will not hear the charges. There are many reasons why the court dismisses charges. Sometimes, the court will not hear a case because:
- The court is the improper venue
- The charges were improperly filed
- The court lacks the proper jurisdiction
Both the prosecution and the defense can request that the court dismiss a charge. Many drivers wonder why the prosecution would allow a case to get dismissed. The reason for this is, the prosecution can request a dismissal if they are waiting for evidence or want to strengthen their position first.
When the prosecution requests a dismissal, charges are often dropped without prejudice. This means the prosecution can re-file charges after they gather evidence. For example, let’s say the results of a driver’s blood alcohol content (BAC) test are not back yet. So, the prosecution requests that the court dismiss the charges until the results come in. After receiving the results, the prosecution can then refile DUI charges against the driver.
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Charges Dismissed with Prejudice in California
Sometimes, the court chooses to dismiss charges with prejudice in California. Often, this occurs if the defendant files a motion to dismiss. A motion to dismiss is usually filed before criminal proceedings begin in California.
A Los Angeles DUI lawyer can file a motion to dismiss if you are facing DUI charges. Lawyers can argue that charges should be dismissed if:
- A driver was stopped without due cause
- A driver’s rights were violated during a DUI stop
- There is insufficient evidence against the driver
The prosecution cannot bring back charges that are dismissed with prejudice. Find out more about this situation with the Simmrin Law Group. Members of our team will assess your needs after a DUI arrest. Just call us at (310) 997-4688 so we can answer your questions.
Time Frame to Re-File Charges Dismissed without Prejudice
As we mentioned, the prosecution can reopen a DUI case that was dismissed without prejudice. However, the prosecution cannot wait indefinitely to re-file these charges. The state of California has a statute of limitations for both misdemeanor and felony charges.
If the prosecution waits too long to re-file charges, you should not face a subsequent court case. Ask a DUI lawyer in Los Angeles about the statute of limitations for your specific charges. We’ll keep you up-to-date about the status of your case.
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Results of a DUI Conviction Here in Los Angeles
You should know that DUI charges in Los Angeles can result in serious penalties. Drivers can face these penalties if the prosecution re-opens charges after a case is dismissed. A first time DUI offense in our area can result in:
- Fines of up to $1,000
- Jail time of up to six months
- Up to six months using an ignition interlock device (IID)
The Simmrin Law Group can step in to help if you are accused of a DUI. We can work to get your charges resolved the first time. We’re also ready to assist you if your charges were initially dismissed and then re-filed. We can work to get your charges reduced and can stand up for you in court. We’ll provide you with the help you need if you are accused of a DUI offense in our area.
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Find Out if a DUI Case Can Be Reopened if It Was Dismissed without Prejudice
Can a DUI case be reopened if it was dismissed without prejudice in California? Yes, prosecutors can re-file a criminal case in this situation. You can get help handling DUI charges from the Simmrin Law Group. Just contact us by calling (310) 997-4688. We also have an online contact form. Work with our DUI lawyers in Los Angeles now with a free consultation. Don’t wait to get help, reach out to us now.