What is a savings clause?

[legaliz]

What is the name of your state AZ
I was told that the county attorneys office can bring charges against the man who kidnapped me after they dismissed the charges without prejudice by using the savings clause. What is it?

[mycarlb]

Basically what "dismissing without prejudice" means is that the DA didn't have sufficient evidence, but must have shown the judge he could obtain that evidence, so the judge is "temporarily" so to speak, dismissing the case until such a time as the DA has the evidence needed to prosecute.

I looked up "savings clause" and I found several meanings, however most pertained to patent law and financial law... so that one I cannot help you with. Maybe someone much more versed can help explain that in a criminal law proceeding.

But don't worry because the person who did that to you can be re-arrested and charged if the DA can build his/her case. Good luck!

[seniorjudge]

Originally Posted by legaliz

What is the name of your state AZ
I was told that the county attorneys office can bring charges against the man who kidnapped me after they dismissed the charges without prejudice by using the savings clause. What is it?

Talk to your county attorney's office again; I have never heard the term "savings clause" used in this context.