If I had a criminal case dismissed without prejudice but they decide to re-file charges, is there a waiting period required before they can re-file?

Can they re-file at any time?

Asked on October 29, 2013 under Criminal Law, Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country, when a matter is dismissed with prejudice it cannot be refiled against the person from whom it was dismissed. In essence the "with prejudice" designation precludes the refiling of the same charges that were dismissed.

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