What Does Case Dismissed Mean in Missouri?

Getting a court case dismissed can take a real weight off your shoulders. After weeks or months of worrying about court, work, and your family, you finally feel some relief.

Unfortunately, dismissals don’t all work the same way, and while some prevent the prosecutor from bringing the case again, others leave that option open. This makes learning the different dismissal types very important, both for your own understanding and for knowing how they affect your case.

Note: This page provides general information and is not legal advice. It should not replace a consultation with a licensed attorney about the facts, deadlines, and legal issues in a specific case.

Top Takeaways A dismissal ends the prosecution of a charge or case, but different types of dismissals offer different levels of closure. A dismissal with prejudice prevents prosecutors from refiling the case, while a dismissal without prejudice leaves that possibility open within legal limits. No defense attorney can guarantee a dismissal, because the outcome depends on the evidence, the law, and the facts of the case.

What does case dismissed mean?

A dismissal means a charge brought against someone is no longer moving forward, regardless of whether it’s reached a courtroom trial. While this obviously means there was no conviction for the charge, this also isn’t the same as a judge or jury finding someone not guilty. 

Additionally, a single case can include several different charges, so just because one or a few were dismissed doesn’t automatically mean the entire case was dismissed. In other words, for a case to be dismissed, none of the involved charges move forward.

What can lead to a dismissal?

Charges and cases can be dismissed for several reasons, such as a lack of evidence or problems with how existing evidence was gathered and tested. For example, if Missouri police discovered illegal drugs only after conducting an unlawful search, a Missouri criminal defense attorney can ask the judge to suppress that evidence or prevent it from being used in court (a.k.a. filing a motion to suppress).

No single motion or argument, however, can guarantee a charge (or case) will be dismissed, nor is there one that applies to every charge. The details and circumstances of each case determine the best defensive strategy and arguments for dismissing a case or charge.

What types of dismissal are there?

The main distinction is whether a case is dismissed with or without prejudice. In this context, “prejudice” refers to whether the prosecutor can refile the case to pursue a conviction.

What does dismissed with prejudice mean?

Under the Revised Statutes of Missouri (RSMo) §510.150 and §56.087, when a case or charge is dismissed with prejudice, the matter is permanently closed. In other words, the prosecutor can’t refile it later. This can happen for several reasons, such as violating the defendant’s constitutional right to a speedy trial. 

The court may also dismiss with prejudice to prevent the defendant from being tried twice for the same crime (a.k.a. double jeopardy), though this can sometimes depend on when the dismissal occurs in the legal process. If, for instance, a dismissal occurs before a jury is sworn in or the court begins hearing evidence, there is usually no risk of double jeopardy, since the trial has not yet fully begun. In such situations, dismissals are often made without prejudice.

What does case dismissed without prejudice mean?

Dismissing a case or charge without prejudice ends the current prosecution, but leaves the door open for things to be refiled in the future. This can be confusing because the current case is closed, but the overall legal battle may not be over. 

Depending on the circumstances, a charge in Missouri may be dismissed without prejudice for many reasons. For example, a key witness or piece of evidence may not be ready or available at that time, so the prosecutor may ask for the charge to be dismissed before the trial proceeds far enough to risk creating double jeopardy. 

Remember, even when a charge or case is dismissed without prejudice, that doesn’t guarantee it’ll be filed again. It just means the prosecutor may be able to refile, as long as any filing deadlines and other legal requirements allow it.

Are there other types of dismissals?

Dismissing a charge or case with prejudice vs. without prejudice isn’t the only type of dismissal that can occur.

• Voluntary vs. involuntary dismissal: Under RSMo §510.130, a voluntary dismissal is when a plaintiff chooses to stop pursuing the case or charge. Involuntary dismissal, on the other hand, is when the court ends the case on legal grounds, often at the defense’s request.
• Nolle prosequi dismissal: In Missouri, nolle prosequi is a legal term (sometimes shortened to “nolle pros”) for a notice indicating a state or federal prosecutor is dropping the charge. While this is similar to a voluntary dismissal, nolle prosequi is used by government prosecutors, while voluntary dismissals can also appear in civil suits between two individuals.
• Diversion program: While not technically a dismissal, this arrangement or agreement allows charges or cases to be dismissed if the defendant completes specific steps or requirements, such as community service or driving school.

What to do if your charge is dismissed

If your charge or case is dismissed, first learn what type of dismissal occurred. If you’ve hired a traffic or criminal defense attorney, ask them to explain the type of dismissal and whether anything still needs your attention. 

A Missouri DWI charge, for example, triggers both criminal and licensing procedures, so dismissing the criminal charge doesn’t mean the situation is resolved. The defendant’s driver’s license could still be suspended or revoked. 

Additionally, just because a court case is dismissed without prejudice or with prejudice doesn’t mean the record of it goes away. Official criminal records of the dismissed case can still exist, and certain agencies or officials may have access to them. Generally, though, such records are closed to the public.

Understanding your options

In Missouri, getting a case or charge dismissed can be a welcome chance to move forward, but you first need to understand everything involved in the decision and how it applies to your situation. For instance, whether the matter is fully closed or if the prosecution can refile the charges down the road. 

MRD Lawyers helps people facing traffic, DWI, and criminal charges in Springfield and southwest Missouri. As former Greene County prosecutors, we understand what the state looks for when deciding how to pursue charges and what factors can support an argument for prejudice dismissal.

If you’re facing misdemeanor or felony charges and want to learn more about how they might be dismissed, contact us today for a free consultation, and let us review your case to help you choose the best next step.