Can criminal charges be brought back up after being dismissed in Los Angeles? The answer to this question depends upon how your charges were dismissed. The court in California may dismiss criminal charges:
- With prejudice.
- Without prejudice.
Charges dismissed with prejudice cannot be filed again. However, the prosecution may reopen your case if your charges were dismissed without prejudice. Find out more about how dismissal works in cases involving charges for driving under the influence (DUI) with this article.
Understanding “Prejudice” for Dismissed Charges in Los Angeles
Not all criminal charges are dismissed the same way in Los Angeles. The courts dismiss some charges with prejudice. While we often have negative connotations for the word prejudice, it’s a good thing if you are facing criminal charges.
The court dismisses charges with prejudice if they cannot be reopened. A judge may dismiss charges with prejudice if they believe the charges do not have merit or that there is not enough evidence for the prosecution to secure a conviction. Charges do not come back if they are dismissed with prejudice.
However, the court might also dismiss charges without prejudice. Charges are often dismissed this way if the court thinks the prosecution will be able to gather additional evidence. Note that the prosecution could also voluntarily dismiss a charge without prejudice. The prosecution may then bring these charges back later.
Motion to Dismiss Charges for a DUI Case
A Los Angeles DUI lawyer might take steps to get your charges dismissed after you are arrested. Your lawyer can file a motion to dismiss your charges at a pretrial hearing. Your lawyer could also work to block evidence before filing a motion to dismiss. The judge may dismiss your case if your lawyer shows that:
- The police stopped you without reasonable cause.
- The police violated your rights during a DUI stop.
- The police did not complete blood alcohol content (BAC) testing properly.
Your DUI charges could get dismissed with or without prejudice. Charges dismissed with prejudice allow you to move forward with your life. However, a lawyer may need to continue working on your case if they are dismissed without prejudice.
Find out more about the steps to get DUI charges dismissed by contacting us now. It is easy to reach out to a Los Angeles DUI lawyer. Just call (310) 862-0199. We are ready to begin focusing on your needs right now.
Consider Getting Your DUI Charges Reduced in California
Not all DUI charges in Los Angeles are dismissed. In fact, many of these charges end with a plea bargain. A plea bargain allows you to reduce the charges and penalties you are facing. The prosecution offers these deals to many drivers accused of a DUI.
However, not all plea bargains are in your best interest. These deals still come with penalties, such as fines and jail time. A lawyer should review any plea bargains you are offered before you accept.
Let us negotiate with the prosecution on your behalf. Once you accept a plea bargain, your case will be resolved. You no longer have to worry about your charges being brought back in this situation.
Build Your Defense After a DUI Arrest in Los Angeles
A Los Angeles DUI lawyer can help you handle accusations that you were operating a vehicle while under the influence. Members of our team are ready to focus on getting your charges dismissed or reduced. We understand the serious effects of a DUI conviction, which may include:
- Jail time
- Restrictions on your driving privileges
- Time spent in DUI school
We are also ready to help defend you in court, as necessary. You may reach out to us for comprehensive legal assistance after your arrest. We will listen to your side of the story and work on your defense. You can count on us to investigate your case and protect your rights. We will also provide you with up-to-date information about the state of your charges. Get started on your defense by reaching out to us right now.
Find Out if Charges Can be Brought Back Up After Being Dismissed
Were your DUI charges dismissed in California? These charges may be brought back up after a dismissal if they were dismissed without prejudice. Find out more about this situation by contacting a Los Angeles DUI lawyer. We are ready to take on your case. Just call us today at (310) 862-0199 or complete our online contact form.
Take charge of your case with a free consultation.