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Thread: What is dismissed "with prejudice"

  1. #1
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    Default What is dismissed "with prejudice"

    Hi everyone.

    My son's case for driving on suspended license was "dismissed with
    prejudice". I have no idea what the "with prejudice" term means. Can someone
    tell me?

    Thanks in advance,
    Joe in Florida


  2. #2
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    Default What is dismissed "with prejudice"

    "Darth Ferret" <noneavailable@hotmail.com> wrote:
    My son's case for driving on suspended license was "dismissed with prejudice". I have no idea what the "with prejudice" term means. Can someone tell me?
    "With prejudice" means the case is over. They can never file it again.

    Without prejudice" would mean that they are abandoning the case for
    now, but could come back and prosecute him again if they wanted to for
    some reason.

    Stu


  3. #3
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    Default What is dismissed "with prejudice"

    "Darth Ferret" <noneavailable@hotmail.com> writes:
    Hi everyone. My son's case for driving on suspended license was "dismissed with prejudice". I have no idea what the "with prejudice" term means. Can someone tell me?
    It means the prosecution can't re-file the case. In other words,
    it's over. If it was dismissed w/o prejudice, the DA could choose
    to re-file it at a later time.

    --
    Rich Carreiro rlcarr@animato.arlington.ma.us


  4. #4
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    Default What is dismissed "with prejudice"

    Son of OP Joe ("Darth Ferret") was charged with driving under a
    suspended license. The case was dismissed with prejudice and Joe asks:
    [What is] "dismissed with prejudice"[?]
    Case dismissed and person who brought the case doesn't get to re-file
    it. If the person whose action was dismissed doesn't like the
    dismissal, he has to appeal the dismissal, not just file again.

    By comparison, a case dismissed without prejudice may be refiled. (The
    judge may dismiss without prejudice to allow for certain procedural
    defects to be corrected.)

    In the matter of Empire v. Luke Ferret, "with prejudice" is good news
    for your son.
    --
    I am not your lawyer. This is not legal advice.
    Luke, *I* am not your father.


  5. #5
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    Default What is dismissed "with prejudice"

    In article <mj0462p6boculuhvsj1aof6vivmriamt51@4ax.com>,
    Darth Ferret <noneavailable@hotmail.com> wrote:
    My son's case for driving on suspended license was "dismissed withprejudice". I have no idea what the "with prejudice" term means. Cansomeone tell me?
    "With prejudice" means the legal system is prejudiced against the case
    being refiled. That is, they can't open the case again later.

    Seth


  6. #6
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    Default What is dismissed "with prejudice"

    Darth Ferret <noneavailable@hotmail.com> wrote:
    My son's case for driving on suspended license was "dismissed withprejudice". I have no idea what the "with prejudice" term means. Can someonetell me?
    "With prejudice" means it can't be refiled. IOW, your son is now in
    the clear on that particular charge and can stop worrying about it.

    "Without prejudice" would have meant that the prosecution could, if
    they thought it worthwhile, fix whatever was wrong with their case and
    try again. "With prejudice" is final.

    None of this will protect your son if he does it again, however. I
    think it would be a good idea for him to not get behind the wheel of a
    car -- even one that is parked in his driveway with the power off --
    until his suspension is over. Otherwise, a cop can cite him again and
    he will again face prosecution -- and may not get off so lightly
    because they will know he has done it before.
    --
    I pledge allegiance to the Constitution of the United States of America, and
    to the republic which it established, one nation from many peoples, promising
    liberty and justice for all.
    Feel free to use the above variant pledge in your own postings.


  7. #7
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    Default What is dismissed "with prejudice"

    On Wed, 10 May 2006 11:14:37 -0400, "Darth Ferret"
    <noneavailable@hotmail.com> wrote:
    My son's case for driving on suspended license was "dismissed withprejudice". I have no idea what the "with prejudice" term means. Can someonetell me?
    It means that the complaining party (in this case, I assume, the
    state) will not be allowed to amend and refile the complaint. You
    gave no details about what happened, but it sounds like your son has
    gotten a pass.

    My email address is LLM041103 at earthlink dot net.


  8. #8
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    Default What is dismissed "with prejudice"

    Darth Ferret wrote:
    My son's case for driving on suspended license was "dismissed with prejudice". I have no idea what the "with prejudice" term means. Can someone tell me?
    It means the State's case, which they brought against your son, was
    dismissed and cannot be brought again in a new proceeding if the
    prosecutors change their mind. It is a dismissal "on the merits"
    which means your son WINS completely and does not have to worry about
    facing these charges again for the same set of facts.

    If the dismissal were "without prejudice" as is sometimes done when
    procedure allows it, before the trial actually begins (and before
    double jeopardy would kick in), the state CAN bring the charges again
    if they feel like it. So, from the point of view of the criminal
    defendant, dismissal "with prejudice" is by far the better option.

    Of course, if your son continues to drive on a suspended license and
    gets stopped AGAIN, the dismissal of the first charges in no way
    prevents the State from prosecuting him for the SECOND, separate
    offense. Just a word to the wise.

    --
    This posting is for discussion purposes, not professional advice.
    Anything you post on this Newsgroup is public information.
    I am not your lawyer, and you are not my client in any specific legal
    matter.
    For confidential professional advice, consult your own lawyer in a
    private communication.
    Mike Jacobs
    LAW OFFICE OF W. MICHAEL JACOBS
    10440 Little Patuxent Pkwy #300
    Columbia, MD 21044
    (tel) 410-740-5685 (fax) 410-740-4300


  9. #9
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    Default What is dismissed "with prejudice"

    "Darth Ferret" <noneavailable@hotmail.com> wrote:
    What does "dismissed with prejudice" mean?
    It means (i) that the person or agency suing in whatever is the
    lawsuit or other proceeding that was dismissed "with prejudice" will
    not be permitted to sue the same person in the same court for the same
    or basically the same relief based on the same or basically the same
    claim so (ii) that if such a lawsuit or other later proceeding is
    attempted anyway, proof by the defendant or respondent of the above
    elements almost certainly will result in the second
    lawsuit's/proceedings dismissal (with prejudice).

    Contrast a lawsuit dismissed "without prejudice" so that, in such
    case, a second lawsuit against the same person for the same or
    basically the same relief based on the same or basically the same
    alleged facts may be brought and prosecuted (unless at the time there
    is some other principle of law that requires its dismissal - e.g.,
    that the applicable statute of limitations has expired).


  10. #10
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    Default What is dismissed "with prejudice"

    Wed, 10 May 2006 11:14:37 -0400 from Darth Ferret
    <noneavailable@hotmail.com>:
    My son's case for driving on suspended license was "dismissed with prejudice". I have no idea what the "with prejudice" term means. Can someone tell me?
    "Dismissed with prejudice" means it can't be filed again.

    "Dismissed without prejudice" means it could be filed again if the
    prosecution doesn't make whatever mistake got it dismissed in the
    first place.
    From the defendant's (your son's) point of view, "with prejudice" is
    good because it means he got off, free and clear.

    --
    If you e-mail me from a fake address, your fingers will drop off.

    I am not a lawyer; this is not legal advice. When you read anything
    legal on the net, always verify it on your own, in light of your
    particular circumstances. You may also need to consult a lawyer.

    Stan Brown, Oak Road Systems, Tompkins County, New York, USA
    http://OakRoadSystems.com


  11. #11
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    Default What is dismissed "with prejudice"

    Darth Ferret wrote:
    My son's case for driving on suspended license was "dismissed with prejudice". I have no idea what the "with prejudice" term means. Can someone tell me?
    It means that the charge(s) from that incident cannot be filed again.
    If the dismissal had been without prejudice, the prosecutor could have
    again filed the same charge(s) from that incident.


  12. #12
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    Default What is dismissed "with prejudice"

    Darth Ferret wrote:
    My son's case for driving on suspended license was "dismissed with prejudice". I have no idea what the "with prejudice" term means. Can someone tell me?
    The case is closed - cannot be brought to trial again. It's a GOOD thing
    for your son.

    -paul


  13. #13
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    Default What is dismissed "with prejudice"

    Joe,
    My son's case for driving on suspended license was "dismissed with prejudice". I have no idea what the "with prejudice" term means. Can someone tell me?

    A court case that is dismissed with prejudice can not be retried at a
    later date. It is over, done, finished.

    Good luck,
    Dave M.


  14. #14
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    Default What is dismissed "with prejudice"

    Darth Ferret <noneavailable@hotmail.com> wrote:
    Hi everyone.
    My son's case for driving on suspended license was "dismissed with prejudice". I have no idea what the "with prejudice" term means. Can someone tell me?
    "With prejudice" means the charge can't be broght up again. "Without
    prejudice" means it can be.

    Example: I'm in court and the evidence is thrown out for some reason. The
    charge is dismissed without prejudice due to lack of evidence, meaning they
    can possibly find other evidence and re-charge me. But if I'm in court and
    it's dismissed with prejudice (let's say speedy trial law says the trial
    must start in 3 months and it's been 6 with no waiver of speedy trial,) they
    can't charge me again for the same crime.

    --
    Mike

    -------------------------------
    "Our enemies are innovative and resourceful, and so are we. They never stop
    thinking about new ways to harm our country and our people, and neither do
    we," George W. "Shrub" Bush Aug 5, 2004


  15. #15
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    Default with prejudice

    This mean that they cannot hold this against him......Good for him........."with prejudice" means they can hold this agianst him at a later date................He should be fine, they cannot come back on this later!!

  16. #16
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    Default

    Another way to say this in a criminal case is that the judge ruled that jeopardy is attached. Any attempt to file the case again is double jeopardy.

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