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 or without prejudice.
Charges dismissed with prejudice cannot be filed again. However, the prosecution may reopen your case if your charges were dismissed without prejudice. This article explains how dismissal works in cases involving charges of driving under the influence (DUI). You can contact our Los Angeles DUI lawyers now.
Understanding Dismissal With Prejudice 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 a potential criminal record.
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 insufficient 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 criminal defense attorney 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 officer 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 criminal defense 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) 896-2724. 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:
- Fines
- 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. Contact us right now to get started on your defense.
Other Common Types of Criminal Charges
Here are the types of criminal charges we handle, each demanding specific expertise and a tailored defense strategy:
- Felonies: Serious crimes like murder, sexual assault, or drug trafficking carry severe penalties.
- Misdemeanors: Lesser offenses, such as theft, vandalism, or disorderly conduct, with lighter consequences but still requiring legal representation.
- Drug offenses: Drug charges involving drug possession, distribution, or manufacturing of controlled substances, necessitating thorough legal defense to protect your rights.
- Assault and battery: Charges involving physical harm or threat, which demand strategic defense strategies.
- White-collar crimes: Charges including fraud, embezzlement, or identity theft, which require a nuanced approach due to complex legal and financial aspects.
If you’re facing any of these charges, contact our firm today for expert legal representation tailored to your specific situation. We’re here to defend your rights and navigate you through the legal process with integrity.
Find Out if Charges Can be Brought Back Up After Being Dismissed
Were your DUI charges dismissed in California? If they were dismissed without prejudice, they may be brought back up after a dismissal. Contact a Los Angeles DUI lawyer to find out more about this situation.
We are ready to take on your case, regardless of your criminal record. Contact us today by filling out our online contact form. Take charge of your case with a free consultation.
