Indiana criminal case motion to dismiss4/14/2024 The prosecutor can, and in many cases will, bring the charges again. ![]() If your criminal case is dismissed without prejudice, your attorney has done a good job. What Happens After a Dismissal Without Prejudice This gives the district attorney’s office a chance to gather more evidence against the defendant before refiling the case. If, however, the prosecutor’s evidence was obtained properly, but is simply too weak to support a conviction, a dismissal without prejudice is likely. This is because the illegal evidence cannot be introduced at trial and, without it, there won’t be a conviction. The decision is usually a question of whether the problems with the prosecutor’s case can be corrected.įor example, if the police obtained key evidence by searching your house without a warrant, the case is likely to be dismissed with prejudice. When a case is dismissed, the judge decides whether it is dismissed with or without prejudice. What Determines Whether a Dismissal is With or Without Prejudice? Whatever the reason, your lawyer will have the chance to argue in front of the judge for a dismissal. ![]() Evidence was not handled properly or a BAC test was not administered properly.The arrest was not based on probable cause.Evidence was obtained illegally–for example, without a proper search warrant.The prosecution has insufficient evidence.If you have been charged with a crime, your defense attorney may move to dismiss the case before trial for one of many reasons, just a few of which may include: The most likely time, though, is at a motion hearing prior to trial. When Can a Criminal Case Be Dismissed?Ī criminal case may be dismissed at any time during the proceedings. This causes a delay in the proceedings, but there is still the possibility of a criminal conviction. On the other hand, a dismissal without prejudice leaves the door open for the prosecutor to refile the case. Once dismissed, the case will have no effect on your criminal record. ![]() A dismissal with prejudice is a final decision on your criminal case. If a case is dismissed with prejudice, then the charges are dropped completely. However, there are different types of dismissals and it is important to pay attention to differences. This is good news if you are charged with anything from a first time DUI to domestic violence or theft. If you’re going to court for criminal charges, the best you can hear is “case dismissed.” A dismissal means the case has been thrown out without a conviction.
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