Can Charges Be Brought Back After They Have Been Dismissed?

Navigating the intricacies of the legal system can be challenging, especially when it comes to understanding the nuances of criminal charges. One question that often arises is whether dropped charges can be reinstated. This issue is multifaceted and depends on various factors, including the specifics of the case, the jurisdiction, and the state laws.

If you are accused of a crime, you need a dedicated Greenville criminal defense lawyer on your side. Contact Baldwin Law today for a free case evaluation.

Understanding the Term “Dropped Charges”

In legal parlance, when charges are said to be “dropped,” it usually means that the prosecutor has chosen not to proceed with the case. This decision could stem from a range of reasons such as a lack of sufficient evidence, resource constraints, or a strategic choice based on the particulars of the case.

Dismissal: With Prejudice vs Without Prejudice

A crucial factor in this process is whether the charges were dismissed with prejudice or without prejudice.

Permanent Dismissal: With Prejudice

A dismissal “with prejudice” is a legal term indicating that a case has been dismissed permanently. This typically occurs when there has been a significant violation of the defendant’s constitutional rights that cannot be rectified. Instances such as an arrest without probable cause, violation of the right to a speedy trial, or an illegal search can lead to a case being dismissed with prejudice.

The key takeaway here is that a dismissal with prejudice forbids the case from being refiled or retried. The plaintiff is prohibited from filing another lawsuit on the same grounds. If you’ve had a case dismissed “with prejudice,” rest assured that the state cannot recharge you.

Temporary Dismissal: Without Prejudice

Conversely, a dismissal “without prejudice” implies that the case has been dismissed temporarily. This allows the plaintiff or prosecutor to refile charges or retry the case, provided it is still within the statute of limitations.

In South Carolina, a dismissal is assumed to be without prejudice unless otherwise stated in the notice of dismissal or stipulation. However, a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.

a prosecutor can ask for the reopening of a case

The Significance of New Evidence

The emergence of new evidence can have a substantial impact on the reinstatement of charges. If new evidence surfaces that bolsters the case against the defendant, the prosecutor may opt to reinstate the charges.

The Influence of Statute of Limitations

The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In many states, the statute of limitations plays a pivotal role in whether charges can be reinstated.

However, South Carolina stands out in this regard. Unlike many states, South Carolina does not have a statute of limitations on criminal cases, meaning prosecutors can file criminal charges at any time after a crime has been committed.

South Carolina’s Unique Legal Framework

South Carolina’s legal framework is distinctive in that it does not include statute of limitation laws for any criminal offenses, irrespective of whether the crime is a felony or misdemeanor. This implies that a case for any felony or misdemeanor can be initiated at any time.

Can a Victim Request That Dropped Charges Be Reinstated?

In the legal process, the prosecutor represents the state and is responsible for proving the defendant’s guilt. Typically, the decision to reinstate charges is not up to the victim, but rather the prosecutor. The prosecutor has the discretion to decide whether to proceed with a case.

Call a Greenville Criminal Defense Lawyer Today

While the reinstatement of charges after they have been dropped in South Carolina is possible, it is not a simple process and is influenced by a variety of factors. It is always recommended to consult with a criminal defense lawyer at Baldwin Law if you find yourself accused of a crime.

Contact our office at 864-630-8503 for a free case evaluation.

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