This involves a judge or a party, such as the prosecutor, dismissing a case. However, it gives them the ability, if the case is dismissed without prejudice, to refile it at a later time if they have the grounds to do so. Usually, though, when I see this term, 'dismissed without prejudice,' it typically refers to a civil case. As far as criminal cases go, when the prosecutors decide to dismiss a case, they can still refile it. I suppose a judge could dismiss the case in a way that would block the prosecutors from refiling it, but they rarely are willing to do so, and they don't have the power to do so.

In Los Angeles County, a felony case can be refiled if it's dismissed once. However, if it's dismissed a second time, prosecutors can't bring it back. This is in line with the legal principle that once a felony case goes to trial and the jury panel is sworn in, 'jeopardy attaches'. This means that if the case is dismissed at this point, it cannot be refiled, as it would constitute double jeopardy.

There are various ways and Penal Code sections that permit the dismissal of a case, but some terms, particularly those related to criminal and civil law, don't apply to each other. So, dismissing a case with prejudice is usually a civil remedy where you want the judge to dismiss it with prejudice because then the other party can't bring it back up against you again. In criminal cases, if a judge dismisses a case, whether it is a misdemeanor or felony in Los Angeles County, prosecutors usually will not refile the case unless they were missing some important piece of evidence at the time the judge dismissed it. Now that they have that piece of evidence, they want to proceed with the case.

Often, when I see them refiling cases that were dismissed, they're very serious cases. They don't usually handle non-serious cases. Once they get dismissed, that's it; they move on. The prosecutors in Los Angeles County are very busy, so they only sometimes have the time to keep refiling cases and dealing with them. Usually, when I see them filing a case for the second time, it's either a very serious situation or if the prosecutor becomes emotionally involved with the case, becomes angry at the defendant or the attorney. I've seen them start refiling cases in these situations. This really borders on prosecutorial misconduct in Los Angeles if they start doing stuff like that. It's essential to recognize that prosecutorial misconduct can have severe consequences, not only for the specific case at hand, but also for the prosecutor's career and the integrity of the legal system. They really shouldn't be getting emotional about it. They're in the business of seeking justice. Refiling cases against individuals is not an appropriate course of action.

Of course, trying to prove that is a different story. The bottom line is that if a judge dismisses a case and the prosecutors refile it, whether it goes back to the same judge or another judge, they will be looking and saying, ' Wait a minute, this case has already been dismissed. ' What new do you have to bring to the table? Otherwise, I will dismiss it again. We're looking for consistency here. If we dismiss it once and you don't have different evidence that strengthens the case against the defendant, then we will dismiss it again. So, it's a dangerous game for them as well, playing the game of continually refiled cases against someone.

Understandably, people can become frustrated when cases are not filed promptly or if they are dismissed and then refiled later. This can lead to additional costs, such as having to post a completely different bail. However, it's important to remember that the rules are the rules. As long as prosecutors are playing within these rules, they are permitted to take certain actions. The legal system is designed to be fair, and it's important to trust in this fairness, even when it's challenging. Trust in the system's fairness can help alleviate some of the frustration and uncertainty you may be feeling.

So, if you find yourself in a scenario where you feel that a case was dismissed and now it's been brought back up again, then you're going to need to sit down with a criminal defense attorney and give him all the information. Please don't leave any details out, as the information you omit could be the very reason the case was permitted to be refiled, and it remains pending against you. Your attorney is going to end up finding that. It's just going to take them longer to figure it out if you don't help him. You should be helping your attorney by giving him all the accurate information, even if you don't like the accurate information – you don't like it, you don't think it's fair, it doesn't help you – but the attorney needs it in order to properly evaluate the case and do everything they can to help you. Remember, your attorney is there to support you and fight for your rights.