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To do this, you can fill out a form called a Dismissal. Call the court clerk's office where you filed your case to ask about how the court wants the form filed. If you dismiss the case instead of getting a judgment, and the Defendant doesn't do what was agreed, you have to start a new case.
A judge may dismiss a case without prejudice in order to allow for errors in the case presented to be addressed before it is brought back to court. A judge will dismiss a case with prejudice if he or she finds reason why the case should not move forward and should be permanently closed.
For example, an arrest without probable cause, violation of the right to a speedy trial, or an illegal search can lead to a case being dismissed with prejudice. Other errors in a case also may lead a court to dismiss a case with prejudice.
Dismissal without prejudice means that the judge dismissed the plaintiff's or prosecutor's case without damaging their right to have their matter heard in court later. A prosecutor may ask to withdraw the case against a person to have more time to make a case stronger, find more evidence or question other witnesses.
Whereas a case that is dismissed ?with prejudice? is dismissed permanently, a case that is dismissed ?without prejudice? is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
A dismissal of a criminal charge without prejudice means that the government can re-file the criminal charge.
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
Ing to the Virginia Supreme Court, when a suit has been dismissed ?without prejudice,? it means that the court is not making a decision on the merits and that instead, it remains open to being brought in another suit.