Q: Double jeopardy in case dismissed without prejudice?
I was charged with domestic battery, they ended up dismissing the case because my fiancé would not testify against me. They dismissed it without prejudice - I know that means they can reopen it at anytime, but doesn’t that conflict with the double jeopardy clause? How can you be tried again for a dismissed case if they have new evidence against you
I am asking because I don’t want to be with this woman anymore - I just want to leave - I don’t want to worry about her running to the courts and telling them oh he did this he did that.
A: Dismissing without prejudice means the prosecutor can file the case anytime up until the statute of limitations has run. If a misdemeanor the SOL is 2 years and if it's a felony then 5 years. Double jeopardy only applies if the trial against you had begun, meaning a jury was selected or a bench trial had begun. If not, then you have not been tried, being charged with a crime is not the same as tried, and therefore they can refile the case. However, generally when a case is dismissed the prosecutor is hesitant to refile the case.
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