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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1804
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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What do it mean when a case is dismissed without predudice ...

Customer Question

What do it mean when a case is dismissed without predudice in Oklahoma?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
When a case is dismissed without prejudice it means that it can be re-filed at some time in the future. The specific time period in which it could be re-filed depends on the type of case involved.

I can provide a more specific answer if you tell me what kind of case, when it was originally filed and when it was dismissed without prejudice.
Jim Reilly and 3 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
I'm so sorry for taking so long to reply. Yes, that answer was somewhat helpful, so if I give you these other details, maybe I'll better understand. The charges were filed for domestic assault & battery by strangulation a felony in Feb. 2008 and dismissed w/o prejudice July 2008 in Ok. They were trying to subpoena the 9yr. old son. Thank you so much.
Expert:  Jim Reilly replied 8 years ago.
Thank you for accepting my answer. The specific response given the new information is:

The Oklahoma statute of limitations (SOL) is Oklahoma statutes, Title 22, Code of Criminal Procedure, section 22-152. The general felony statute is sub-section H of that code, which would apply to this case, and is three years.

Therefore, for a crime committed in February 2008, the SOL will expire on the same date in February 2011. Since the charges were dismissed without prejudice, the case can be refiled at any time until then.

Presumably, the prosecutor thinks he needs the testimony of the 9 year old son to prove the case. The charges could re-filed when they are able to subpoena him, as long as that occurs before the February 2011 deadline.

Jim Reilly

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