“Case dismissed!” We’ve all seen the dramatic scenes in TV and movies, where a judge bangs his gavel and waves everyone out of his courtroom. But what does that mean for you?
If the case against you is dismissed, do you have a criminal record? Can you still be charged with the same crime?
Navigating dismissed cases can be confusing, but we’re here to help.
WHAT IS A DISMISSED CASE?
A dismissed case is one in which you are neither found guilty nor convicted. However, “dismissed” is not the same as “not guilty.” The distinction is very important.
A dismissed case can still show up on your record, and you can still be charged for it, since you were not found “not guilty.”
ARE THERE DIFFERENT KINDS OF DISMISSED CASES?
The short answer is Yes. And it’s important to know what kind your case is, in order to move forward.
Dismissed with Prejudice
If a judge declares your case “dismissed with prejudice,” that means the case is closed, and no one can file another suit on your case.
Disagree with this ruling? You can usually appeal, but it’s important to talk to a lawyer before making any decision. Cook Attorneys can help you with that any time.
Dismissed without Prejudice
If a judge declares your case “dismissed without prejudice,” that means the case is basically stalled. A common reason this happens is when cases are settled outside of court.
If this happens in your case, charges can still be brought against you for the same crime inside the applicable statute of limitations. It is imperative that you follow the terms of agreement in this instance.
As always, talk to a lawyer you trust before making any decisions. Don’t have a lawyer? Contact us at the bottom of this page to find your lawyer at Cook Attorneys today.
Dismissed for Want of Prosecution
This kind of dismissal happens when a case is open for a very long time, but no one does anything with it in court.
For instance, someone could sue you or bring other charges against you, but then never hires a lawyer or takes you to court. If the case is pending without prosecution for too long, the judge can dismiss it.
For more information on the Virginia laws regarding this type of dismissed case, see the Code of Virginia.
Voluntary Dismissal
If the prosecutor in your case decides to drop the case for any reason, he/she can file to dismiss the charges.
You would both have to sign the request for dismissal, but a court order is not needed for this kind of dismissal.
WHAT HAPPENS WHEN A CASE IS DISMISSED IN COURT?
If your case is dismissed, talk with your lawyer to determine next steps. In some instances, you can move forward with getting the charges dropped from your criminal record; in other instances, you can’t.
Your local Harrisonburg lawyers can help you with that. Please contact us at the bottom of this page; we’re here for you.
HOW DO I KNOW IF MY CASE WAS DISMISSED?
Your lawyer will inform you of the status of your case. If it is an old case, or if you need confirmation of your case’s status, you can look it up in the public records. Virginia’s Case Status and Information can be found here.
CAN I REQUEST THAT MY CASE BE DISMISSED?
Yes, if you and your lawyer determine that there are extenuating circumstances—for instance, a stop and search was illegal, or proposed evidence is inadmissable—then you can request that the judge dismiss your case.
DOES A DISMISSED CASE SHOW UP ON A BACKGROUND CHECK?
Sometimes, yes. And even if the case has been dismissed, your arrest may still show up on your criminal or dismissed case background check. Federal law prohibits employers from refusing to hire you simply because you were arrested, if that arrest didn’t lead to a conviction.
In some cases, you can get dismissed cases off of your record by filling out the right paperwork. You can find more about how to do that in the state of Virginia.
CAN YOU HELP ME FIGURE OUT WHAT TO DO NEXT?
Yes, Cook Attorneys is here for all of your legal questions and next steps. Contact us through the form below, email info@cookattorneys.com, or call us at 540-564-9699 today.
Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!