Criminal
questions & answers
Question: I was charged with a DUI and the judge dismissed it without prejudice, why can the arresting officer refile the same charge?
Answer: Charges that have been dismissed without prejudice can be refiled. When a charge is dismissed without prejudice it has the same effect as never filing the charges. If the charges are refiled, they must comply with the statute of limitations, or be filed within 6 months of the date of dismissal (A.R.S. 12-504). A charge that is dismissed with prejudice cannot be refiled.
For more information see: https://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/GlossaryOfCommonTerms/glossaryW.asp and https://govt.westlaw.com/azrules/Document/N000BE0B00DE011E28A628CD7CECCD897?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1
QUESTIONS
-
I was charged with a DUI and the judge dismissed it without prejudice, why can the arresting officer refile the same charge?
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- Legal Services for Crime Victims in Arizona (LSCVA)
View full description - Catholic Charities - West Valley
View full description - Catholic Charities - Yavapai County
View full description - St. Elizabeth of Hungary Clinic
View full description - Housing Counseling Hotline
View full description
Generic versions of the drug Cialis, sold as tadalafil, now available from many manufacturers.