If a District Court judge dismissed2 charges against me and he actually said case dismissed how can they recharge and indict me 2 years later?

Asked on September 16, 2011 under Criminal Law, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In criminal and civil actions a case can be dismissed "with prejudice" or "without prejudice." There is a big difference between these two types of dismissals. When a case is dismissed "without prejudice," this means that the person or entity that filed the legal action can refile the lawsuit against the same defendant assuming the statute of limitations has not run.

However, when a case is dismissed "with prejudice," this type of dismissal means that the lawsuit against the person that just received this type of dismissal cannot be refiled.

In your situation, even though the District Court judge dismissed the two (2) charges against you several years ago in a prior criminal action, most likely the charges were dismissed "without prejudice" and the federal prosecution has since elected to refile the same charges against you.

I suggest that you meet with a criminal defense attorney.

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