“Dismissed without prejudice” is a legal term that means a case is dismissed but can still be refiled at a later point. Both civil and criminal cases can be dismissed without prejudice.
A case is dismissed without prejudice if 1) it is not resolved on the merits but for some reason is technically deficient as filed and the judge so rules, or, 2) the plaintiff moves for a voluntary dismissal for some reason.
Dismissal without prejudice is a legal term indicating that charges have been dismissed but can be refiled at some point. Charges may be dismissed without prejudice at the prosecutor's request, or they may be dismissed at the judge's discretion.
Dismissed without Prejudice If prosecutors dismissed the case “without prejudice,” they can refile charges any time before the statute of limitations has expired – that is, they can reopen it if they are able to overcome whatever caused the dismissal in the first place.
Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.
Bail Bonds and Credit Scores It's a common misconception that co-signing for a bail bond will ruin your credit. In reality, a bail bond won't affect your credit score in any way. However, bail bond companies may conduct a credit check before allowing you to get a bail bond to make sure that you're a reliable co-signer.
The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.
The defendant can post their own bail or ask a family member or friend to post it. If the defendant uses a bond company, the company may require the defendant to have a co-signer (someone who will help the company find the defendant should they fail to appear).
If your case is dismissed without prejudice, prosecutors will still have another two years to refile before the statute of limitations expires. Contact our California criminal defense lawyers for more information.