This Article is About
municipal police officer
transportation code
prejudice
paperwork
time frame
objective
When A Case Is Dismissed, Is It Over?
Join 1000's of Authors at StreetArticles Today!

When a Case is Dismissed, is it Over?

When you have come to court and at the end of your hearing, the judge says, "case dismissed," the matter may be settled and it may not. You need to read your court order to see whether the case was dismissed with prejudice or dismissed without prejudice. It may be shortened to DWP or DWOP. You don't want DWOP.

When you went to court, your objective is to come out scot free. Many cases simply require you to present evidence that the action required to cure the cause of the State's action has been cured, such as showing you had insurance or getting your safety inspection sticker within 10 days. Some other cases will require more work on your part.

This is a dismissal in operation of law. These dismissals are prescribed in the statutes and codes, for instance the Transportation Code. To see if you would qualify for such a dismissal. If such a dismissal is part of that code, it will tell you exactly what you need to do and in what time frame to get that dismissal.

Sometimes you can get a dismissal if you successfully challenge the jurisdiction of the court in the matter. For instance, if a municipal police officer pulls you over on the Interstate, he may or may not have the jurisdiction to operate on that highway. You may have been pulled over by a state trooper in town on a matter outside his jurisdiction. Read your ticket and see if the date and time and other information is correct. If it is not, you have a legal challenge. If the officer got the information wrong and you can support that allegation in court, the ticket is invalid - case dismissed.

I mentioned DWP and DWOP. If a case is Dismissed With Prejudice, it means the matter cannot be brought up again. It cannot be refiled against you with the same facts, date, incident, etc. It does not mean prejudice in the normal sense. In legal terms, you LIKE prejudice. Dismissed WITHOUT Prejudice means the case can be brought again. This is usually the ruling if there is a minor error in the paperwork bringing the action that can be cured and the matter refiled. Either way, if you can get the court to rule for a DWP, you are much better off.

The bottom line is this - if the case is dismissed as an operation of law or dismissed with prejudice, it is over and will not go on your record. If it is DWOP, the matter may rise again. There is much more to know about law and much of it is in the statutes, constitutions and codes. You need to know where to look and how to understand what you read. Legalese is a different language. I do wish you well.


Street Talk

No comments present
You May Also Like
Balkan Life Story
The memories on Bijelo Polje (town in Montenegro) of the thirties of this century left but a fade traces. Just some memories on singing and joy. The life was something that made people hide their desire for joy. The songs could be rarely heard, but on the wedding celebrations. That…
By: Jovo Medojevic,Ph.D in  Reference and Education  >  Science   Nov 23, 2011  
1
  Likes: 1

What Happens If You Dont Report An Accident
While defensive driving online and driver safety programs offer drivers the tools to remain safer, accidents happen. But when should you report an accident? Any accident involving bodily injury or causing at least $1,000 in damages must be reported within 10 days of the accident.While the definitions of what is…
By: Ross Kennedy in  Legal  >  Traffic Law   Oct 23, 2011  
0
  Likes: 1

Criminal Law About Finance
Banks and financial institutions are a part of everyone’s life. The financial relationship between a person and his bank is government by documents and agreements. In the event of loans, especially mortgages, this relationship is beneficial but can become complicated, especially when issue arises of default. If An individual with…
By: Hassan Elhais in  Legal  >  Criminal Law   Jun 05, 2016  
0
  Likes: 0

Criminal Law About Fraud
Federal Law No.(3) For the Year 1987 on Passing Penal Code Article No.399: "Shall be punishable by confinement or by a fine any individual who, by using fraudulent practice, assuming a false name or quality, takes possession for himself or for others of any movable property or written instrument, or…
By: Hassan Elhais in  Legal  >  Criminal Law   Jun 02, 2016  
0
  Likes: 0

Extradition: Conditional Requirement
Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that: 1. The crime must be considered an offense, be punishable in both countries and punishment must be imprisonment. 2. The crime that is the subject of extradition…
By: Hassan Elhais in  Legal  >  Criminal Law   May 30, 2016  
0
  Likes: 0

Theft Article Punishments
The public prosecutor charges the accused with theft. The exception to this rule ids situation where theft is committed between siblings, parents and children or spouses, and no third party rights accrue in which case the public prosecutor only charges the accused on the complaint of the other party. However,…
By: Hassan Elhais in  Legal  >  Criminal Law   May 28, 2016  
0
  Likes: 0

Theft Article Introduction
Theft under the UAE laws is a crime and is regulated by Federal Law No. 3 for the year 1987 on passing Penal code. Theft can only be committed on real movable property, which has value, monetary or otherwise, that belongs to another. Property is defined in the Civil Transactions…
By: Hassan Elhais in  Legal  >  Criminal Law   May 24, 2016  
0
  Likes: 0

Cheques In the United Arab Emirates
Since a cheque is meant to replace money, people must have trust in it. Therefore the United Arab Emirates penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime. However, some requirements must be found in a…
By: Hassan Elhais in  Legal  >  Criminal Law   Apr 18, 2016  
0
  Likes: 0

The Standard Indiana Criminal Bail Bond Process
There are procedures and routines that take place when you are bailing someone, or yourself, out of jail. Although the actual required course of action will differ state to state, and from criminal charge to charge, the standard bail bond process can be described in a general way, so everyone…
By: Sarahbeth in  Legal  >  Criminal Law   Mar 25, 2016  
0
  Likes: 0

Criminal Law - Road Traffic Injury In the United Arab Emirates
Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are uncomfortable enough to be involved in a horrific road accident, which was not your fault, then you may be entitled for a personal injury compensation…
By: Hassan Elhais in  Legal  >  Criminal Law   Feb 28, 2016  
0
  Likes: 0

The “scarlet Letter” Redux: Neo - puritanism And the Reemergence Of Shame Penalties
“Prisons are built with stones of Law. Brothels with the bricks of religion.” — William Blake [FN 1] “But Hester Prynne, with a mind of native courage and activity, and for so long a period not merely estranged, but outlawed, from society, had habituated herself to such latitude of speculation…
By: Richard Simons in  Legal  >  Criminal Law   Feb 17, 2016  
0
  Likes: 0

An Open Letter to Every Ambitious Junior Manager In the World From Your Mostdedicated Supporter, Me
Author's program note. In 1961 New York City went to work with a smile on its face and a can't-help-but-like-it rhythm on the brain. It was Robert Morse and the ensemble of "How To Succeed in Business Without Really Trying" by author Shepherd Mead and composer Frank Loesser. It is…
By: Makowski Piotr Dariusz in  Legal  >  Criminal Law   Jan 21, 2016  
0
  Likes: 0

Can You Successfully Challenge A Breathalyzer Test In Clearwater Fl ?
One of the most really serious arrest is driving under the the influence. If you happen to be arrested and formally charged the consequences are typically severe. Loss of your driving license, job and even being liable to criminal charges are just but a few of the possible consequences of…
By: paul empey in  Legal  >  Criminal Law   Dec 15, 2012  
0
  Likes: 0

Milwaukee Criminal Lawyer Helping the Clients With Best Skills
The lawyers are those who help in defending the individuals charged with criminal conduct. These lawyers even work for an organization on the whole. An individual charged of the crime can although defend him according to the court rules but it is more advisable to hire a criminal defense expert.…
By: jamesstew in  Legal  >  Criminal Law   Jan 21, 2014  
0
  Likes: 0

You Will Find Also Enhancements In Safety Based on the Publish
Last June, Google launched the 64-bit Chrome. Nevertheless, it had been only accessible within the browser's Canary and Dev channels. Come July, the beta channel went with the exact same factor. This time, the method is now accessible by way of a steady channel. Based on buy cheap adobe cs6…
By: jackjon in  Legal  >  Criminal Law   Oct 21, 2014  
0
  Likes: 0

Article Views: 5540    Report this Article