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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default How Do I Change Dismissal Without Prejudice to with Prejudice

    My question involves criminal law for the state of: Nevada

    Recently a bogus charge of felony burglary against me was dismissed without prejudice. I believe this was done specifically to keep the threat of prosecution hanging over me to prevent me from taking my case to the media, since my public defender stated bluntly before and after the dismissal that I should not do so. Can I present exculpatory evidence directly to the judge and petition for a change to dismissal "with prejudice?" The Sheriff and DA have made egregious errors in bringing this charge against me and in the arrest, and are anxious I believe to keep it covered up until after the election. What is the procedure I can follow, and should I fear possible retaliation for doing so? I DO already have very powerful support in the media for exposing this case but have been holding off until I have better information regarding my question here...

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,878

    Default Re: How Do I Change Dismissal Without Prejudice to with Prejudice

    It's up to the prosecutor, not the judge, to decide whether or not to bring charges. The case was dismissed, so there's no case pending with the court.

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