If your case was dismissed, can they come after you again at a later date?

UPDATED: Jul 13, 2011

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If your case was dismissed, can they come after you again at a later date?

Asked on July 13, 2011 under Criminal Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the criminal action was dismissed against you "without prejudice", the prosecution potentially can refile the same charges and claims against you for the incident that caused the first action to be filed.

However, if the criminal action was dismissed "with prejudice" this type of dismissal precludes the prosecution from refiling charges against you in the future as those that were dismissed.

There are also statute of limitations to be considered when a criminal case is dismissed "without prejudice" and the prosecution waits a long period of time such as years before refiling.

If you had a criminal defense attorney representing you in the matter that was dismissed, contact him or her to see if the dismissal was "with prejudice" or "without prejudice".



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