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  1. #1

    Default How Do I Know if My Case Was Dismissed with Prejudice or Without

    My question involves criminal records for the state of: Iowa

    I'm trying to find out how to know if my case was dismissed with prejudice or without prejudice, in a safe way that would not lead to the case being reopened due to my inquiry. I recently visited the Iowa Court online case lookup, and found out my case was dismissed in 2017. I then briefly talked with an attorney who I don't think practices criminal law. They seemed uncertain how to go about finding out how the case was dismissed, she was able to find out that the warrant previously issued for my arrest had been withdrawn, and that the case was dismissed due to Statute of Limitations. Here are a few details about the charges:


    Controlled Substances Violation - Class D Felony - Charged 2013 - Dismissed By Court 2017


    I could provide more details if needed, and if there isn't a safe way to find out this information, I would like to know if it would be safe to apply for replacement social security card and get my license reinstated in a different state than the charges? If the case could be reopened, could this possibly cause that to happen? Thanks for your time

  2. #2
    Join Date
    Oct 2016
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    3,805

    Default Re: How Do I Know if My Case Was Dismissed with Prejudice or Without

    If it was dismissed based on the SoL. Then they are bared because of the SoL.

    But it was never not safe to apply for a replacement SS card or likely your driver's license. Unless you were hiding out and if you were the SOL wouldn't have tolled.

  3. #3

    Default Re: How Do I Know if My Case Was Dismissed with Prejudice or Without

    Well, I have been living "off-the-grid" for several years since this originally started. I moved out of the state shortly after the incident and stopped driving after a few years - I had never been pulled over or had any further incidents with law enforcement during this entire time, which, I had done some research about the statute of limitations in Iowa and I was somewhat surprised that it - according to the attorney who looked into this confirmed that it was dismissed by a judge, based on the SoL. Though, supposedly the Statute of Limitations in Iowa does not take effect if the person charged is intentionally evading and/or is living out of the state. However, the state of Iowa would have had no knowledge of my wherabouts during this time.

    So, if the attorney had the correct information, once the SoL kicks in, the case could never be reopened EVEN if they somehow found out that I was living out of state the whole time?

    Also, someone on another forum suggested that I contact the County Clerk where the charges were filed and just ask them if it was dismissed with or without prejudice, and that information would not lead to the case being refiled. Could you reaffirm this to be sound advice? Thank You

  4. #4
    Join Date
    Oct 2006
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    16,080

    Default Re: How Do I Know if My Case Was Dismissed with Prejudice or Without

    Quote Quoting Ethereal Sift
    View Post
    My question involves criminal records for the state of: Iowa

    I'm trying to find out how to know if my case was dismissed with prejudice or without prejudice, in a safe way that would not lead to the case being reopened due to my inquiry. I recently visited the Iowa Court online case lookup, and found out my case was dismissed in 2017. I then briefly talked with an attorney who I don't think practices criminal law. They seemed uncertain how to go about finding out how the case was dismissed, she was able to find out that the warrant previously issued for my arrest had been withdrawn, and that the case was dismissed due to Statute of Limitations. Here are a few details about the charges:


    Controlled Substances Violation - Class D Felony - Charged 2013 - Dismissed By Court 2017


    I could provide more details if needed, and if there isn't a safe way to find out this information, I would like to know if it would be safe to apply for replacement social security card and get my license reinstated in a different state than the charges? If the case could be reopened, could this possibly cause that to happen? Thanks for your time
    It certainly would be safe to apply for a replacement Social Security Card, and it would probably be safe to get your license reinstated. Neither one of those things are likely at all to get a case reinstated.

    And I agree with the other poster, if the case was dismissed due to the statute of limitations, then its a done deal. However, if you want to be certain, then you need an actual criminal law attorney to research it.

  5. #5
    Join Date
    Mar 2013
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    17,777

    Default Re: How Do I Know if My Case Was Dismissed with Prejudice or Without

    Or, you can probably hire a private investigator located near the courthouse to go review the file. Likely to cost less than hiring a lawyer to do it.

  6. #6
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    Nov 2013
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    6,804

    Default Re: How Do I Know if My Case Was Dismissed with Prejudice or Without

    You do understand that the minute you left the state the SOL is tolling whether or not the authorities knew you left. Meaning that the SOL stopped running. If you go back to Iowa and there is an active warrant out for your arrest and you get stopped, the SOL starts to run again.

    IMO it would be likely that the case was dismissed without predigest either by motion of the prosecutor or the court sua sponte. But that would depend on how strong a case they had against you and why they dismissed. It may have been just to clear the calendar.

    Your best information will come from an Iowa attorney that you can hire from whatever state you reside in now to find out what the record shows.

  7. #7
    Join Date
    Jul 2018
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    109

    Default Re: How Do I Know if My Case Was Dismissed with Prejudice or Without

    Quote Quoting Ethereal Sift
    View Post
    My question involves criminal records for the state of: Iowa

    I'm trying to find out how to know if my case was dismissed with prejudice or without prejudice, in a safe way that would not lead to the case being reopened due to my inquiry. I recently visited the Iowa Court online case lookup, and found out my case was dismissed in 2017. I then briefly talked with an attorney who I don't think practices criminal law. They seemed uncertain how to go about finding out how the case was dismissed, she was able to find out that the warrant previously issued for my arrest had been withdrawn, and that the case was dismissed due to Statute of Limitations. Here are a few details about the charges:


    Controlled Substances Violation - Class D Felony - Charged 2013 - Dismissed By Court 2017


    I could provide more details if needed, and if there isn't a safe way to find out this information, I would like to know if it would be safe to apply for replacement social security card and get my license reinstated in a different state than the charges? If the case could be reopened, could this possibly cause that to happen? Thanks for your time
    Pay attention please. Unfortunately some people in here seem to be confusing an order dismissing criminal charges with those dismissing a civil complaint. And it ain't so! You'll not find any "reprosecution language" mentioned in an order dismissing criminal charges. In Iowa the issue is governed by applicable law resulting as follows:

    If the original offense charged was a felony, then the State is NOT precluded from refilling the same charges, UNLESS:

    (1) A future filling is barred by the running of an applicable statute of limitation, or

    (2) The reasons for the dismissal were founded on issues of a "speedy trial".

    (See: Iowa Code Sec. 795.5; Rule 27.1 Iowa Rules of Criminal Procedure; State vs. Iverson 272 N. W. 2d 1; State vs. Johnson, 351. N.W. 2d 798; State vs. Moritz 293. N. W. 2d 235, State vs. Fisher 351 N. W. 2d 798)

  8. #8
    Join Date
    Nov 2013
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    6,804

    Default Re: How Do I Know if My Case Was Dismissed with Prejudice or Without

    Quote Quoting latigo
    View Post
    Pay attention please. Unfortunately some people in here seem to be confusing an order dismissing criminal charges with those dismissing a civil complaint.)
    Please explain what you mean here. The terms with prejudice or without prejudice simple mean the suit or charge can or cannot be brought again. Without prejudice the charge can be brought again with prejudice it cannot be filed again whether those phrases appear in an order or not in a criminal order to dismiss.

    Your a bit out of date on your code and law citations.

    Iowa R. Crim. P. 2.33

    2. 33(1) Dismissal generally; effect. The court, upon its own motion or the application of the prosecuting attorney, in the furtherance of justice, may order the dismissal of any pending criminal prosecution, the reasons therefor being stated in the order and entered of record, and no such prosecution shall be discontinued or abandoned in any other manner. Such a dismissal is a bar to another prosecution for the same offense if it is a simple or serious misdemeanor; but it is not a bar if the offense charged be a felony or an aggravated misdemeanor.
    https://casetext.com/rule/iowa-court...o-speedy-trial

    I think the first bolded means the same thing as the term with prejudice. And the second bolded means the same thing as the term without prejudice.

    So what is your point?

  9. #9
    Join Date
    Jul 2018
    Posts
    109

    Default Re: How Do I Know if My Case Was Dismissed with Prejudice or Without

    I fail to see where we differ as in essence I wrote:

    If the charge is a felony, a voluntary dismissal does not preclude refilling the same charges unless barred by the running of a statute of limitations or the dismissal was based upon failure to provide a speedy trial.

    Authority is found in the cited Iowa Supreme Court decisions, where you will find reference to Iowa R. Crim. P. 2.33 which hasn't varied an iota.

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