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Home > Criminal Defense > If My Charge Is Dismissed For Want Of Prosecution, Can The State Refile It?

If My Charge Is Dismissed For Want Of Prosecution, Can The State Refile It?

Yes.  A dismissal for want of prosecution is considered a dismissal without prejudice.  As such, the State can refile its case against you if it so chooses.  However, oftentimes the State elects not to do so.

Are you having difficulties with a criminal case and need some expert advice on where to proceed next?  If so, call the Law Office of Patrick Mulligan at 937-228-9790 for a free consultation.