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Both cases involve dismissals “without prejudice,” an important legal distinction. This means the dismissals do not reflect any judicial decisions about the underlying merits of the cases.
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, prejudice differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms with prejudice and without ...
There is no waiting period in the case of criminal proceedings that resulted in an acquittal or dismissal with prejudice, however; where a no bill is returned by a grand jury as to an individual, or the proceedings against them are dismissed without prejudice, they are ineligible to petition for the records of the case to be sealed until two ...
The cases have been dismissed "without prejudice", meaning charges could be refiled when Trump leaves office. ... A US court has dismissed the last remaining federal criminal case against Donald ...
Monday’s motion would seem to spell the end entirely for the criminal case, but it’s worth noting that Smith asked to file the motion “without prejudice” ― meaning that technically ...
That is, if a case originates in a federal court, there is no ability for a defendant to remove a case from federal court into state court. If the federal court lacks jurisdiction, the case is dismissed. Only cases that originate in a state court and are improperly removed to a federal court may be sent back to the state court where they started.
But unlike the New York criminal case against Trump, which resulted in 34 felony convictions based on an iffy legal theory aimed at punishing him for his hush payment to porn star Stormy Daniels ...
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.