Dismissal of Criminal Cases

What is the name of your state? Massachusetts


What is the difference between a case dismissed with prejudice and without prejudice? Also if a case is dismissed via the complaining witness, can the case ever be bought back up? Finally, if the state enters a nolle prosequi on a charge, can the charge ever be bought back up again? If the answer is yes to the noll pros question, would the charges be subjected to the reindictment process, meaning the entire grand jury process would have to take place all over again? Or could they just simply bring them back up out of the blue after they have been nol prosed? Thank You!

Q: What is the difference between a case dismissed with prejudice and without prejudice?

A: With prejudice means it cannot be refiled.


Q: Also if a case is dismissed via the complaining witness, can the case ever be bought back up?

A: See first answer.


Q: Finally, if the state enters a nolle prosequi on a charge, can the charge ever be bought back up again?

A: See first answer.



Q: If the answer is yes to the noll pros question, would the charges be subjected to the reindictment process, meaning the entire grand jury process would have to take place all over again?

A: Probably yes.


Q: Or could they just simply bring them back up out of the blue after they have been nol prosed?

A: I don't think criminal charges are brought out of the blue.

Senior Judge,

Thanks for your reply and for answering the questions. However, you contradicted yourself in providing the answers for the nol pros question and I just wanted to be certain that it is clarified. You mentioned when the case is nol prossed that it can not be refiled referring to the answer your first posted. But in the next question regarding if the answer regarding the nol pros is "yes" (which according to your first answer the manner in which you answered it would be a "no") you then proceeded in answering this question that the state could seek a reindictment of the same charges by probably going through the grand jury process all over again. That would make the answer a "yes" as I interpret it - or at least a conditional yes based upon the "probable" need to reindict the charges via the grand jury process. So therefore, as I see it, even if a case is nol prossed, it is still possible for the state at some future juncture, to reindict the individual if they probably go through the grand jury proceedings again. Would that be a correct interpretation?
My terminology regarding out of the blue was a little bit loose on my end. I meant out of the blue only in the sense that the state would not have to actually go through the grand jury process in order to obtain essentially "new" indictments and can just somehow "renew" the old indictments after they have been nol prossed.
My reasoning in asking these questions is to understand from a layman's perspective when a criminal case based upon the dismissal of the reasons cited in my original question is really over and has finality to it. Thanks for your insight.