Montrose, CO asked in Criminal Law for Colorado

Q: What do they mean when the dissmiss with or without prejudice

I was charged with felony theft

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1 Lawyer Answer
Douglas T. Cohen
Douglas T. Cohen
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: “With prejuduce” means the Prosecution can never re-file the case. “Without” means they can.

Almost all criminal cases are dismissed “without” prejudice. In Colorado, there is no law here in Colorado that gives the judge the authority to require a dismissal “with” prejudice if the DA dismisses “without” prejudice.

The reason for “without” prejudice is in case the government is given or finds new evidence (like a video of the theft for example) then the government can re-file the case. It’s rare but it goes happen.

Sean Maye and Tim Akpinar agree with this answer

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