Legal Question in Criminal Law in Ohio

Dismissed with out prejudice

In June of this year I wased charged with a third degree felony. This was involving a substance that they said was drugs, I stated that it was not drugs and insisted that it be tested before I was charged I was told I wouldn't be being charged if it hadn't been tested. I was in jail for six days before I could post bond. When I got out of jail and went to court the following week, my public defender and I were called into the prosecuters office and we were told that the case was being dismissed with out predjudice because the lab test came back negative for drugs. Now I lost 500 dollars in bond lost two jobs because of the jail time, but that is not an issue any longer. I am wondering and concerned at what ''with out prejudice''actually means. Any one that could give me insight would be appreaciated.


Asked on 11/16/00, 8:07 am

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Dismissed with out prejudice

Without prejudice means that the prosecutor may decide to recharge if the test is redone and it comes back positive. Odds are that it is a dead issue and you will not have to worry about this again. I would suggest getting the arrest expunged so that it is not on your record.

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Answered on 11/27/00, 12:14 pm


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