April 23, 2025 | Criminal Defense
In 2024, around 100,000 misdemeanor and felony cases were dismissed in Ohio. In the legal world, the term “dismissal” refers to a court’s decision to terminate a case before it reaches a final judgment on the merits. However, not all dismissals are the same.
Understanding the distinction between a dismissal with prejudice and a dismissal without prejudice is important if you’re involved in a lawsuit or legal dispute. These dismissals apply to both felony and misdemeanor charges. It can mean the difference between knowing your case is closed for good and wondering whether the prosecution can bring the charges again at a later time.
Below, we break down the key differences between the two dismissal types and explain what each means for your case moving forward.
What Is a Dismissal With Prejudice?
A dismissal with prejudice means the case is permanently closed. In criminal cases, the prosecution — i.e., the party who initiated the legal matter — is barred from bringing the same claim against the defendant again in the future. This type of dismissal is typically entered when the court believes that the case has no legal merit, has been resolved, or should not be refiled for other reasons.
Common reasons for dismissal with prejudice:
- The case was settled out of court through a plea agreement.
- The prosecution failed to prosecute the case or follow court orders.
- The court ruled that the claims are legally invalid (e.g., statute of limitations expired, the defendant’s rights were violated, etc.).
- The prosecution or law enforcement engaged in misconduct, such as abuse of process.
A dismissal with prejudice means the prosecution’s claim is dismissed permanently. They cannot file another lawsuit based on the same facts and legal grounds.
What Is a Dismissal Without Prejudice?
A dismissal without prejudice means the case is dismissed, but the prosecution retains the right to refile the case in the future. This type of dismissal is generally granted when the court determines that the case should be paused or removed from the docket, but not permanently closed.
Common reasons for dismissal without prejudice:
- The prosecution made a procedural error.
- The prosecution voluntarily withdrew the lawsuit to revise or correct the charges.
- The court needs more time or information before proceeding.
In such cases, the prosecution may refile the lawsuit (often within a specific time limit) after correcting the issue that led to dismissal.
Why Does the Distinction Matter?
Legal terminology can be confusing, but knowing the difference between these two types of dismissals can make a significant impact on your legal rights. Whether a dismissal is with or without prejudice affects a prosecutor’s ability to pursue the case against you.
A dismissal with prejudice closes the door. It’s often considered a “final judgment” and may be appealed, but the underlying claim cannot be brought again in the same court.
A dismissal without prejudice gives the prosecution a second chance, but they must act quickly and fix any deficiencies in their original filing to move forward.
Contact an Experienced Criminal Defense Attorney for Help with Your Case
If your case is subject to dismissal, understanding the type of dismissal is key to knowing your legal options. A dismissal with prejudice signals the end of the line for that specific claim, while a dismissal without prejudice offers a path to regroup and try again.
If you’ve been accused of a crime and the case was dismissed, consult with a criminal defense attorney to understand the implications and next steps based on how your case was dismissed. Reach out to an experienced criminal defense lawyer today to learn more about your rights.
Contact the Cincinnati Criminal Defense Lawyers at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati law office.
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(513) 333-0014
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