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?

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