What to do if I’m due in court next week for a DUI but I just received a letter from the court saying, “Motion to Dismiss without Prejudice”?

The mail was from the assistant prosecutor. It says it requests the court dismiss without prejudice, for the following reason: further investigation. I called the court and I still have a court date next week. On the court’s website it says judgment set aside on all charges. What does this mean?

Asked on July 2, 2015 under Criminal Law, Arizona


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

Answered 5 years ago | Contributor

A dismissal WITHOUT PREJUDICE means the case is dismissed, but can be reinstated in the future.  Your case could be reinstated in the future pending "further investigation".

A dismissal WITH PREJUDICE means the case cannot be reinstated.

The "judgment has been set aside on all charges"means that the charges have been dropped and the case is not being pursued; however, since the dismissal as discussed above is without prejudice, the charges can be reinstated pending further investigation.

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