Q: Can a misdemeanor be dismissed with prejudice?
A:
In Arizona, any criminal case--whether it is a misdemeanor or a felony--may be dismissed either with or without prejudice. What do these terms mean? Dismissal without prejudice means that the case is dismissed for the time being, but the state may refile the charges at a later time. You will often see the prosecution do this if they believe they have a case against a defendant, but it will take time for them to gather all the evidence they need to take the case to trial. For example, in a DUI case, the state might dismiss a case without prejudice if they are waiting on blood test results, and then they will refile the case once the results arrive.
Dismissal with prejudice means that the case is dismissed and the state cannot recharge it. This type of dismissal can happen if the defense wins a significant pretrial motion. For example, if the judge finds that the state violated the defendant's right to counsel, this can justify a dismissal of the case with prejudice. Another common avenue to get a charge dismissed with prejudice is if the defendant enrolls in a diversion program. The defendant will then have to take state-approved classes (often for substance abuse), and then the prosecution will dismiss the charges with prejudice when the defendant completes the classes.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
