Question: Can I ask the judge to change an order of “dismissal without prejudice” to “dismissed with prejudice”? I was falsely accused and plead not guilty to my misdemeanor charges. I and my lawyer were ready for trial, but the judge dismissed the case without prejudice for want to prosecution. My case is still within the statute of limitation. I don’t want this case to linger over my head, and if the prosecutor refile the charges it would unfair to me since it was very difficult to get my witness ready again for the 2nd time. My question is: can I or my lawyer ask the judge to change his order of “dismissal without prejudice” to “dismissed with prejudice”? If not, is there another way to prevent the prosecutor from refilling?
Answer: Based on the information you provided, yes, your lawyer can file a motion to change the order. Other than filing the motion you could wait for the statute of limitations to run, it seems unlikely that the prosecutor will refile the charges if they are having difficulties “proving” that you committed a crime.