If a case can be dismissed in 2 ways (with prejudice or without prejudice), how can you find out which way the case was in fact dismissed?

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If a case can be dismissed in 2 ways (with prejudice or without prejudice), how can you find out which way the case was in fact dismissed?

And in either fashion, can a defendant be indicted again if a jury was already impanaled when the dismissal was so ordered by the judge?

Asked on July 21, 2013 under Criminal Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A dismissal with prejudice means the case cannot be reinstated.

A dismissal without prejudice means the case can be reinstated.

If you know the case number, you can go to the court, give the case number to the court clerk and ask to see the file.  You can't remove the file from the court, but can ask the court clerk to photocopy the file or just part of the file if that is all you need.  The file will state whether the case has been dismissed with prejudice or without prejudice.

If you don't know the case number, look in the court's computer for the last name of the defendant to obtain the case number.  After you have the case number, give it to the clerk as mentioned above to see the file.

If the case has been dismissed with prejudice, the case cannot be reinstated and the defendant cannot be indicted on the same charges.

Double jeopardy prohibits being charged twice for the same offense. 

 

 


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