If My Charge Is Dismissed For Want Of Prosecution In Dayton, Can It Be Refiled By The State?
If you have been charged with an offense, be it a minor one or a major one, you need to consult an experienced attorney like the Ohio Legal Help Criminal Lawyer. It's not very smart to go the proceeding without a legal professional as prosecutors are usually very callous, and it may lead to potential harm to your case. It's always preferable to work with a highly trained lawyer to help you win the case even when it's DUI since it would be wrong to say that DUI cases are minor.
What Does Dismiss for Want of Prosecution Mean?
DWOP is a legal term meaning that a case could be dismissed for want or need of prosecution if any party involved in the case doesn't appear for any trials or proceedings. The case can be terminated if the prosecutor doesn't do any of the particular tasks or doesn't register a motion so as to retain the case. If any case is on the court’s docket for a long time without proceedings and conclusions, then the court could dismiss the case. If a case is terminated for need of prosecution it indicates that the case is shut and the final order constitutes of removal of all claims.
Will the State Re-file the Case Terminated for Want of Prosecution?
If a case is terminated for want of prosecution, it's always dismissed without opinion. Which means that the case isn't completely closed and could be submitted again by the state. However, usually, the state chooses notto do. If the case has been terminated because of the absence of the prosecutor, it may be registered again after the prosecutor details the cause of absence. This might give a problem to the complainant’s case. The proceedings and dates for the case will be postponed because of the re-filing of the case. After the case has been terminated under the need of prosecutor, don't think that it has been closed permanently because any party can report the case once again at any time. Nonetheless, it is more difficult to refile the case after 30 days of dismissal without prejudice. If the case is registered once again, your opponent will notify you about the same quickly.
What to do if the case has been refiled?
If you did not find a legal professional to start with, you should definitely take guidance from a highly trained attorney. Patrick Mulligan & Associates can assist you by turning the tables on your side. Always take guidance and hire a skilled law firm. Don't go to the proceeding without your opponent because the prosecutors are extremely ruthless when they see the opposition without a good defense. If the case is refiled your defendant will help you to win the case and save you from any sort of penalty if liable.
Contact a reliable legal professional who will handle your case proficiently and provide you the most effective possible legal advice.