I had a photo radar ticket dismissed with prejudice and wondered exactly what that meant.
2006-09-07 14:39:20 · 7 answers · asked by hv85310 1 in Politics & Government ➔ Law Enforcement & Police
To dismiss a matter with prejudice means the matter cannot be reopened or retried. It is over and done with. It is judged. This is how you want your case (ticket) to be dimissed.
To dismiss a matter without prejudice means the issue can be tried again at a later time.
2006-09-07 14:45:48 · answer #1 · answered by Anonymous · 2⤊ 1⤋
A dismissal with prejudice is dismissal of a case on merits after adjudication.The plaintiff is barred from bringing an action on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it.
A court has inherent power to dismiss an action with prejudice if it is vexatious, brought in bad faith, or when there has been a failure to prosecute it within a reasonable time. When a plaintiff who has commenced an action fails to comply with discovery devices, a court, which has issued the order of compliance, may sua sponte dismiss the case with prejudice.
In criminal prosecutions, dismissal with prejudice bars the government from prosecuting the accused later on the same charge. A dismissal with prejudice is made in response to a motion to the court by the defendant or by the court sua sponte, if the accused is deprived of the constitutional right to a speedy trial.
2016-01-14 05:50:25 · answer #2 · answered by Darkeyes 1 · 0⤊ 0⤋
Do not listen to some of the answers. "Dismissing with prejudice" simply means that the case cannot be brought before the Court again. It has nothing to do with whether the Court found the case to have merit or not.
2006-09-07 14:45:30 · answer #3 · answered by badgoodgirl06 2 · 1⤊ 1⤋
Both of the above answers are incorrect.
Cases may be dismissed without the charges being bogus or invalid.
The phrase "with prejudice" means the claims cannot be raised again. The case is over.
2006-09-07 14:43:53 · answer #4 · answered by coragryph 7 · 6⤊ 1⤋
It means the court dismisses the charges, and the court holds that the charges were bogus to begin with.
[edit]
Apparently I was a bit too flippant with my answer. The reason a judge dismisses charges "with prejudice" (so that they can't be refiled, but can be appealed incidentally), is because the he/she believes the charges have no merit (hence the use of the word bogus). If a judge feels the charges have merit (not bogus), but finds a reason to terminate the proceedings anyway (such as a technical or procedural issue), they will dismiss the case "without prejudice".
2006-09-07 14:42:10 · answer #5 · answered by Will 6 · 1⤊ 3⤋
The judge is letting you go but can recall you and the case/charges at a later date if the court feels it is needed. So stop getting tickets, it will be part of your police record from now on, dismissed or not.
2006-09-07 14:43:33 · answer #6 · answered by Pantherempress 7 · 0⤊ 3⤋
it means dismissed and it means the charges were false like filing a false police report
2006-09-07 15:31:43 · answer #7 · answered by Anonymous · 0⤊ 1⤋
It means that if they want to, they can bring up the charges again in the future.
2006-09-07 15:13:53 · answer #8 · answered by ? 5 · 0⤊ 0⤋
It means that the charges can never again be refiled.The case is over.
2006-09-08 09:16:31 · answer #9 · answered by John G 5 · 1⤊ 0⤋
So whomever can't go after you again
2006-09-07 15:58:21 · answer #10 · answered by pink9364 5 · 1⤊ 0⤋