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The cases have been dismissed "without prejudice", meaning charges could be refiled when Trump leaves office. ... the last remaining federal criminal case against Donald Trump, which alleged that ...
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 ...
Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action. [4] Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future.
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.
If the indictment is dismissed at the defendant's request, the Act's provisions apply anew upon reinstatement of the charge. [6] If the indictment is dismissed at the request of the government, the 70-day clock is tolled during the period when no indictment is outstanding, and begins to run again upon the filing of the second indictment. [7]
Smith also filed a motion to shut down the government’s appeal in the classified documents case in Florida. U.S. District Judge Aileen Cannon dismissed Trump’s criminal indictment there before ...
Special Counsel Jack Smith this week moved to dismiss the criminal charges against President-elect Donald Trump in two federal cases based on his alleged interference in the 2020 election and his ...
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.