Criminal justice proceedings can be incredibly complex, even when a defendant’s guilt or innocence seems abundantly clear to all parties involved. Accordingly, the criminal justice system of New York upholds strict procedural standards to ensure every defendant’s rights remain protected through all stages of their cases. Additionally, the criminal justice system enforces strict standards for prosecutorial behavior, significantly limiting the reach of most New York prosecutors.
The judge overseeing a criminal case must also adhere to specific legal standards, and they have the right to effectively cancel a criminal trial under certain conditions. If a criminal defense attorney or a prosecutor violates any legal standard, intentionally or not, the judge may dismiss the case. “Prejudice” can come into play depending on the judge’s reason for dismissing the case. A criminal case can be “dismissed with prejudice” or “dismissed without prejudice.”
What to Expect in a Criminal Trial
The criminal justice system requires very specific proceedings for different types of cases. There are also certain standards pertaining to evidence, witness testimony, jury selection, and various other aspects of the case that must be maintained. As your trial unfolds, your criminal defense attorney should be able to clearly explain every aspect of your case so you are well-prepared to approach this difficult situation.
If you are unsure how a judge might dismiss a case, it’s essential to understand the rules of evidence in your case. If a judge determines a procedural misstep has occurred that has compromised the integrity of the case, they may dismiss the case. If the case is dismissed with prejudice, this indicates a significant and possibly intentionally created legal problem with the case, such as evidence tampering, juror coercion, or if the judge determines the case to be frivolous. When a case is dismissed with prejudice, it cannot be reopened. The judge may also dismiss a case without prejudice if some legal error prevents the case from reaching a legally enforceable conclusion.
FAQs
The attorneys at the Law Offices of Robert Tsigler, PLLC, routinely field questions from clients and prospective clients regarding the legal proceedings they face. Below are some of the most common questions we hear from individuals involved with the criminal justice system about case dismissals. Review these questions and our provided answers to learn more about how a case may be dismissed without prejudice.
Q: Why Would a Case Be Dismissed Without Prejudice?
A: A judge can dismiss a case without prejudice if they detect legal errors that prevent the case from going forward. However, dismissing the case without prejudice allows the two sides to correct those errors and re-file the case. Potential grounds for case dismissal without prejudice include:
- – An objective lack of subject matter jurisdiction indicates that the court does not have the legal power to hear the type of case at hand. This will typically occur before any courtroom proceedings have taken place.
- – A lack of personal jurisdiction, meaning the court does not have power over the defendant. This type of dismissal would also occur before any courtroom proceedings unfold.
- – Determination of improper venue, meaning the judge has determined it would be better for the case to unfold in a different court.
- – Violation of service or improper service, meaning the defendant was not properly served notice of the case.
Q: How Long Can a Case Remain Dismissed If It Was Dismissed Without Prejudice?
A: When a criminal case is dismissed without prejudice, the prosecution may re-file the case after correcting whatever errors caused the dismissal, but they typically must do so within the statute of limitations that applies to the offense in question. For example, if the state has a one-year statute of limitations in which to file a criminal case against a defendant and the first case is dismissed without prejudice, they may only have a few months in which to re-file the case.
Q: Is Dismissal Without Prejudice a Final Judgment?
A: A dismissal without prejudice may be “final” in that it ends the case currently in progress, but it is not “final” in the sense that it can be re-filed once the errors in question have been appropriately addressed. If a case is dismissed with prejudice, this is a final judgment, and the case cannot be reopened at all. The double jeopardy law prevents a defendant from facing a criminal trial for the same offense twice.
Q: Can a Case Dismissed Without Prejudice Be Reopened?
A: When a criminal case is dismissed without prejudice, this allows the prosecution to correct the problems with the original case and re-file it to seek the defendant’s conviction.
Hopefully, these questions and answers clarify some of your concerns about potential case dismissal in your criminal case. In addition, the attorneys at the Law Offices of Robert Tsigler, PLLC, are available to answer any further questions you may have regarding criminal case dismissal and what to expect in your upcoming criminal trial.
How a Defense Attorney Can Help
There are many ways to defend yourself against criminal charges in New York, and it is your defense lawyer’s job to explore all of these options to help you avoid conviction. In some cases, the most appropriate defense is for the defendant to provide exculpatory or contradictory evidence that counteracts the prosecution’s evidence, thus preventing the prosecution from meeting the burden of proof required for conviction. In other cases, it’s wiser for the defense to focus on highlighting the procedural errors and legal missteps the prosecution may have taken with their case.
If you are facing any criminal charges in New York, you must exercise your right to legal counsel and retain the services of a defense lawyer as soon as possible. The sooner you secure defense counsel, the sooner you can begin building your defense. The team at the Law Offices of Robert Tsigler, PLLC, has years of experience handling a wide range of criminal cases in New York City, and we have seen many past clients’ cases dismissed with and without prejudice for countless reasons.
Every criminal case is unique, and our goal is to provide comprehensive and aggressive defense representation in every case we accept. However, if you are unsure what to expect with your upcoming criminal trial, we can help. Contact the Law Offices of Robert Tsigler, PLLC, today to learn more about the legal services we provide.
