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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27422
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Two years ago I had a case dismissed without prejudice that

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Two years ago I had a case dismissed without prejudice that within the stipulation said that I had to leave the state for 2 years. I did exactly that and now I am back in the state of Nevada. Since I have returned the DA's office has refiled the case. They have opened an entirely new case with the same charges that were dismissed previously without prejudice in leu of me leaving the state of Nevada for 2 years. Being that I fulfilled the 2 year agreement, do they have a legal right to continue with proceedings or does the fact that I followed the terms nullify their ability to re-charge me on the same charges. I have looked up the definition of an Estoppel and it seemst to apply here.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.

If the case was dismissed without prejudice on the stipulation that you leave the state for two years, then the fact that you left the state would not stop them from filing the case again. That's what "dismissed without prejudice" means. I don't see an estoppel argument here.

I don't have any background. It looks as if just the way you hoped that the state would not bring charges again after two years, Nevada hoped you'd stay away after two years of being somewhere else.

You'll need to get a lawyer and fight the charges, but if the dismissal was without prejudice, then as long as the statute of limitations hadn't run, the charges can be brought again.
Customer: replied 6 years ago.

Being that I am permanently disabled and on disability diagnosed with a mental disorder, wouldn't they have to state clearly that the meaning of dismissed without prejudice means that they can bring the charges up again? How is it that the state can enter into a contractual legal "contract" with a citizen and then just act like it was never said and had no meaning whatsoever. Moving caused me alot of mental pain and anguish being that I am diagnosed paranoid schizophrenic. The charges that they are bringing me up on are actions that are documented as being part of my mental disorder. How is that legal being that a doctor has stated that part of my disorder is uncontrolled yelling.

Expert:  Zoey_ JD replied 6 years ago.

You will need to talk to your former public defender, as your situation is an unusual one, and I have no facts about the case nor was I privy to what was put on the record at the time of the dismissal, and what was or wasn't explained to you at the time. All I can tell you with any certainty is that a dismssal without prejudice give the state the right to refile. That doesn't mean it must go forward. Your lawyer may be able to mount a decent argument for dismissal. I have no idea what all he might have to work with. But your question asked how they could refile this, and the answer is they could refile it because they were told they could.
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