The courts in California may dismiss a case either with or without prejudice. Cases dismissed with prejudice cannot be reopened. This could leave you wondering if a case can be reopened if it was dismissed without prejudice.
After a dismissal without prejudice, a case may be refiled in Los Angeles. This means that you can face the same charges again. In this article, find out how the court handles charges dismissed without prejudice.
Dismissing a Case without Prejudice in Los Angeles
Judges dismiss some criminal charges in Los Angeles with prejudice, which means that the judge believes the prosecution will never be able to make an adequate case. These charges are finished and cannot be reopened.
Other charges are dismissed without prejudice. This usually occurs if:
- The court does not have the jurisdiction to handle the charges.
- The court is the wrong venue to handle the charges.
- The charges were not filed properly.
Note that these are only a few examples of reasons to dismiss a charge without prejudice. The plaintiff may also choose to voluntarily dismiss charges without prejudice, which means they reserve the right to refile the charges at a later date.
DUI Charges Dismissed without Prejudice in California
Sometimes, the prosecution voluntarily dismisses driving under the influence (DUI) charges in Los Angeles. This does not mean you will not face the DUI charges at a later date. The prosecution just wants to wait for the results of your blood alcohol content (BAC) tests, for example. They may take time to build a case against you and then refile your charges.
You can get help in this situation by reaching out to a Los Angeles DUI lawyer. Your lawyer will help you understand all aspects of your criminal trial. Members of our team are here to help if your charges were initially dismissed without prejudice and then reopened. Call us now at (310) 896-2724 to get help in this situation.
Time Limits to Reopen Charges Dismissed without Prejudice
As was mentioned, your charges might be refiled if your case was initially dismissed without prejudice. However, the prosecution can not wait indefinitely to refile the charges against you. After a set period of time, the statute of limitations on your case will expire.
Determine the length of the statute of limitations for your case by speaking with a DUI lawyer in Los Angeles. Your lawyer will determine if the statute of limitations already expired, or if it is on-going. This can help you determine how to handle DUI charges in Los Angeles.
DUI Charges Lead to Serious Results in Los Angeles
It’s important not to forget about DUI charges that were dismissed without prejudice in California. These charges may come back to affect your life. You might even get convicted for charges that were initially dismissed. The results of a DUI conviction are often very serious. A DUI conviction could potentially lead to:
- Fines of thousands of dollars.
- Jail time of up to six months.
- The usage of an ignition interlock device (IID).
- Time in DUI school.
Note that these are only the penalties for a first time DUI offense in Los Angeles. You may face harsher penalties for subsequent DUI charges. You could also face more serious penalties if you were accused of causing a DUI accident.
Handle DUI Charges Before or After a Dismissal in California
Members of our team are standing by to help if you were accused of a DUI in Los Angeles. We know what to expect if your charges are dismissed without prejudice. Let us work on your defense depending upon the unique aspects of your situation. We may take steps to show that:
- You were pulled over by a police officer without due cause.
- Your blood alcohol content (BAC) was not elevated at the time of your accident.
- Your BAC tests were performed incorrectly at the time of your arrest.
We are ready to take steps to get your charges reduced. You can also count on us to stand up for you in court.
Find Out if a Case can be Reopened After It was Dismissed without Prejudice
Can a DUI case be reopened if it was dismissed without prejudice in Los Angeles? The prosecution may reopen your case in this situation. Get help if your charges were refiled by contacting a Los Angeles DUI lawyer. We are ready to help you today. Start working on your defense now with a free consultation.
Reach us by calling (310) 896-2724. You may also fill out our online contact form.