questions & answers

Question: in 2013 I was paper arrested. I was charged with theft of a personal cell phone valued at 500 dollars. The state picked up the charges and after 9 months dropped the charge. 3 months later they refilled and again i plead not guilty and in april 2014 they dropped the charges again but its without prejudice again. How do I get it changed to with prejudice?

Answer: The judge decides whether to dismiss without prejudice or with prejudice. It It is not something that a defendant can change. Unfortunately, so long as the State is within the statute of limitations to bring the case up again they can do so, given that the case has not actually been heard on its merits. For more information about what the statute of limitations is for a charge of theft and how to perhaps, get the dismissal set aside, it would be best to seek legal advice from a criminal defense attorney. You can call the lawyer referral service at (602) 257-4434.