I want to know if I can refile a case that has been dismissed?

Im a victim for a violation of protection order and I was never subpoenaed to court, therefore the charge got dismissed against my abuser. Can I re-file the charge? Its ohio law.

Asked on September 2, 2016 under Criminal Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can go back to municipal court and ask to refile the charges, but it is up to the municipal court prosecutor: unlike in civil case, where the victim is the "plaintiff," or person suing, and so is in charge of the action, in a criminal case, which includes municipal court actions, the prosecutor is in charge and decides when and what charges to bring.
That said, typically if a matter is dismissed due to a failure to have a key witness, that is a dismissal "without prejudice," and the case legally *can* be brought again, since there was no determination "on the merits"--no judicial decision as to what happened. But again, even if it can be brought, the prosecutor must agree to do so.


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