I live in a small town in the state of Nevada. To make a very long story short. The DA dismissed my husbands (2 Felony Charges) "without prejudice". After a little research on-line I now understand the "term" but I am not clear on how to address my issues with this out come. I believe that the DA was trying to avoid a witness from testifying. The truth is the person who confessed who has been found guilty and has been sentenced for the crimes contacted the DA and informed her that they were trying to convict an innocence person (my husband). He explained he was willing to testify that my husband had no knowledge and did not commit this crime. He also wanted to submit pictures of his tires (same kind as my husbands) that are on the vehicle he used to commit this crime. He went to her directly because our attempt to have our 4th Public Defender to subpoena him was denied. On the day of my husbands Prelim/Pre-trial this person approached the DA before court with photos and requesting to be heard in court. After one last attempt from our PD to get my husband to sign a misdemeanor plea, the DA "dismissed without prejudice" If I truly understand the meaning of the "term" than this has not provided us with closure. How does one proceed at this point?
2007-01-10 01:48:23 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
"Dismissal without prejudice" means the DA realized he doesn't have a case but he doesn't have the stones to admit he was wrong. He won't resurrect the charges unless new evidence comes to light.
2007-01-10 01:55:07 · answer #1 · answered by The answer guy 3 · 1⤊ 1⤋
I am not an expert in Nevada law, but, as you know, the usual meaning of a dismissal without prejudice is that the case can be refiled. However, since the case was dismissed, the statute of limitations upon filing the charge is again applicable (unless Nevada has some unusual provision), and once that period expires the charges cannot be filed again. The usual statute of limitations on felonies is three years, but it can be significantly longer. You would need to check what the time limit is for the particular offenses involved.
2007-01-10 03:25:12 · answer #2 · answered by Anonymous · 2⤊ 0⤋
tremendous question!, that i somewhat don't have an answer for. There are some tremendous rock songs available which have little or no contained in the way of a melody yet they nonetheless carry your interest. for example 'The present' with information from The Velvet Underground. it is only a spoken note tale with a repetative bass line however it is tremendous. Is it song? i imagine it would want to be classed as song in that there are musicians taking section in a stay orginal score in the back of the narrator. As for rap, sampling sounds and some fool mumbling about guns and ho's?, perchance not.
2016-12-02 02:13:52 · answer #3 · answered by ? 4 · 0⤊ 0⤋
You don't at this point, the DA can recharge if his/her case gets more evidence to help in his prosecution. Right now, you in Limbo and can very well be that way forever. So sit back and wait to see what happens.
2007-01-10 01:57:30 · answer #4 · answered by Allen P 2 · 0⤊ 0⤋
You are correct in that you have no "double jeopardy" protection like you would if he was acquitted or it was dismissed with prejudice.
2007-01-10 02:03:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
you can't do anything'get over it and be glad he's not in jail because innocent people are locked up every day'
2007-01-10 01:57:32 · answer #6 · answered by Anonymous · 0⤊ 2⤋