Sierra Vista, AZ asked in Criminal Law for Arizona

Q: Can a misdemeanor be dismissed with prejudice?

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1 Lawyer Answer
Stewart Salwin
Stewart Salwin
Answered
  • Criminal Law Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

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.

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