# dismissed without prejudice



## Cherokee (May 24, 2004)

The CO didn't, for whatever reason, show up for a deer poaching jury trial today. The prosector had no idea where he was and couldn't recah im via cell nor home phone.

The case was "dismissed without prejudice". The judge stated that the CO will have to re-issue the citation in order to start everything all over again. If he doesn't, the defendant is off the hook.

What are the odds that he will re-issue the citation?

This all started back on Nov 18th , 2010.....


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## bigcountrysg (Oct 9, 2006)

Well if the CO has a solid case with evidence and wants the offender bad enough. Then I say it is likely he will reissue the citation.


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## Hackman (Aug 13, 2008)

I thought you could only be tried once. I guess w/o prejudice is the key word. I know judges and prosecutors can slant things however they want too. Good luck.


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## bigcountrysg (Oct 9, 2006)

Hackman said:


> I thought you could only be tried once. I guess w/o prejudice is the key word. I know judges and prosecutors can slant things however they want too. Good luck.


There was no trial, it was most likely a preliminary examination. This is the step where the judge hears both sides of the story and finds out if there is enough evidence to take the case to trial. 

Now when dismissed with prejudice if there is new evidence or if a witness steps forward, then the case can be reheard and taken to trial. How ever statue of limitations do apply. Also due process rights to a speedy trial come into effect as well. 

I was in the position with a case being dismissed with out prejudice. How ever the statue of limitations on my case have expired and will not go back to court ever. 

So yes the offender can be brought back to court on the same charge.


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## Cherokee (May 24, 2004)

Was just informed that the citation is going to be re-issued. The CO was not given proper notice of the trial date.


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## PDS (Jul 10, 2009)

...is simply a legal procedural term to imply that there never was a trial or other action that would put one in "jeopardy" of a conviction. In criminal prosectutions, there is a prohibition against "double jeopardy", essentially meaning that one cannot be tried twice for the same offense. 
Where a trial was never held (normally "jeopardy" attaches when either the first witness for the Prosecutor is sworn in a non-jury trial or the jury is sworn in a jury trial) jeopardy never arose. Therefore, the trial which was never held apparently resulted in a dismissal, but without prejudice.

It sounds like a new citation will be issued and the case will then either be tried or resolved by agreement.


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