Legal Question in Criminal Law in Michigan
With or Without Prejudice
What is the different if a domestic violence case is dismissed with or without prejudice?
Asked on 2/04/05, 11:37 am
1 Answer from Attorneys
Neil O'Brien
Eaton County Special Assistant Prosecuting Attorney
Re: With or Without Prejudice
A dismissal "without prejudice" means that the prosecutor may re-issue/re-file the charge later on. This is common.
A dismissal "with prejudice" means that the charged even cannot be RE-charged after dismissal. This is uncommon, and usually because double jeopardy would be violated, the statute of limitations had expired, etc.)
Answered on 2/04/05, 12:42 pm
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