Conroe, TX asked in Criminal Law and Constitutional Law for Texas

Q: What is the difference between motion to dismiss with prejudice and motion to dismiss without prejudice?

What is the difference between motion to dismiss with prejudice and motion to dismiss without prejudice?

2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: If the case is dismissed withOUT prejudice then the case could be refiled after the problem that caused the dismissal is resolved. There are not many situations in criminal law that would allow a judge to grant a motion to dismiss WITH prejudice.

2 users found this answer helpful

Michael Hamilton Rodgers
Michael Hamilton Rodgers
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: A case which is dismissed with prejudice cannot be re-filed by the D.A., whereas any case which is dimissed without prejudice can later be re-file by the prosecutor,

1 user found this answer helpful

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