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Dismissal without Prejudice Definition

A dismissal of a criminal charge without prejudice means that the government can re-file the criminal charge. Conversely, a charge dismissed “with prejudice” is terminated permanently. For example, suppose an essential witness fails to appear for a preliminary examination.

In that case, the prosecutor cannot proceed with their case, and the judge will dismiss the charge without prejudice. The prosecutor can bring the charges back to court if the witness becomes available.

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