If your criminal case is dismissed “without prejudice” in California, you will probably breathe a big sigh of relief. But you may not be totally out of the woods yet. A dismissal without prejudice means that while your case has been dismissed, the prosecutor can still refile the charges against you – but only within certain timeframes. (See People v. Nelson (2008) 43 Cal.4th 1242).
In this article, we explain what you need to know about the statute of limitations in these situations.
The Basic Rule: Original Statute Still Applies
The fundamental principle is that a “dismissal without prejudice” does not typically extend or reset the original statute of limitations (California Penal Code § 803). The statute of limitations begins to run from the date the alleged crime was committed, not from the date of dismissal (People v. Lopez (1997) 52 Cal.App.4th 233). This means that if the original statute of limitations has expired, prosecutors are now barred from refiling the charges even if the case was dismissed without prejudice. In other words, now it’s really over!
California’s Criminal Statute of Limitations
In California, different crimes have different statutes of limitations as outlined in Penal Code §§ 799-805:
For felonies, the general statute of limitations is three years (Penal Code § 801), but there are important exceptions:
- Serious and violent felonies like murder have no statute of limitations (Penal Code § 799)
- Many sex crimes have extended statutes of limitations or none at all (Penal Code § 801.1)
- Crimes involving fraud or breach of fiduciary duty have a four-year statute that begins when the offense is discovered (Penal Code § 803(c))
For misdemeanors, the general statute is one year from the date of the alleged offense (Penal Code § 802), with some exceptions for specific crimes.
The Impact of Prior Court Proceedings
When a case has been previously filed and dismissed, these prior proceedings can affect how the statute of limitations applies to any refiling:
- The time during which the original case was pending (from filing to dismissal) generally doesn’t count against the statute of limitations (Penal Code § 803(b))
- Any time that elapsed before the original filing and after the dismissal generally does count
- If the case was dismissed during trial, then refiling the case may be barred by double jeopardy
Strategic Considerations
If your case has been dismissed without prejudice, consider these important points established by case law:
Understanding the exact timeline is crucial. You should work with your defense attorney to calculate:
- The date the alleged crime happened
- The applicable statute of limitations for your specific charge
- Any time periods that might toll the statute
- The impact of the previous court proceedings
Keep thorough records of all court documents, especially the dismissal order. These will be essential if prosecutors attempt to refile outside the statute of limitations.
Protecting Your Rights
While a dismissal without prejudice may feel like a victory, you’re not totally safe from prosecution until the statute of limitations expires.
Maintain contact with your defense attorney and keep them informed of any attempted contact by law enforcement. Documentation of the original case could become crucial if charges are refiled.
Remember that even after a dismissal, anything you say about the alleged offense could be used against you if the case is refiled. Exercise your right to remain silent and consult with your attorney before discussing the case with anyone.
Conclusion
Understanding how the statute of limitations applies after a dismissal without prejudice is complex but crucial for protecting your rights. The specific timeline depends on multiple factors, including the nature of the charges, any tolling periods, and the circumstances of the original dismissal.
But you don’t have to navigate these legal complexities alone. If you’re facing criminal charges here in California, we invite you to contact us here at Shouse Law Group for a free consultation.
