Recently we at SQ Attorneys have been getting a bevy of questions asking what is the difference between a dismissed case with prejudice vs. one without prejudice. So we thought it wise to post this blog. A criminal case that is dismissed with prejudice is a case that the prosecutor cannot refile charges on later. In short, the case is permanently dismissed. A case dismissed without prejudice means the opposite. That is, the prosecutor can refile charges at a later date so long as it is done within the statute of limitations period and the case is heard within the defendant’s remaining speedy trial time, absent excluded periods provided for in our court rules.
Although a defendant would, of course, prefer to have their case dismissed ‘with’ prejudice, most cases are dismissed ‘without prejudice’, absent some underlying matter, i.e. the prosecutor moves to dismiss the case the day of trial and the defendant has been put in jeopardy. Either way, a dismissal is a dismissal, and anyone who’s case is dismissed should be happy with the result regardless of whether it is ‘with’ our ‘without’ prejudice.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
