Legal Question in Criminal Law in Nevada
A Dismissed Case was Refiled a Month Later
I was charged with domestic battery against my boyfriend for pushing him, I got sent to the hospital. Finally mos later the charges were dismissed last month. Today, on accident I found my name on our counties website for court next week. The case has been refiled and I did even know except for by accident. Can the case be refiled if he never pressed charges and the courts dismissed them just about a month ago?? I really need help here, I just do not know what to do. Please help.
1 Answer from Attorneys
Re: A Dismissed Case was Refiled a Month Later
The prosecution can file the charge in its discretion for one year after the incident.
When the Court dismisses it early it is without prejudice. It is not up to the victim whether to file charges. It is up to the prosecutor.
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