- Joined
- Dec 28, 2014
No, it's criminal too, because double jeopardy bars multiple prosecutions. The prosecution can dismiss a case any time prior to jeopardy attaching, which is generally when the jury is empaneled and the first witness sworn in. Before that happens, a dismissal is without prejudice and they can bring the case again (within the statute of limitations). After it happens, the prosecution can't just request a mulligan. If they dismiss it's with prejudice.I'm pretty sure the with or without prejudice is a civil only thing.
A directed verdict is a better request and is an outright acquittal, and it is also necessary to file such a motion in order to file a JNOV after an unfavorable verdict.