Get Your Questions Answered -
Call Us For Your Free, 30 Min Phone Consultation
(817) 369-9666
If your case has been dismissed, that’s a huge relief, but it doesn’t mean your work is done. A dismissal means the charges are no longer being pursued; the case is closed. In most situations, especially in Tarrant County, once the District Attorney’s Office dismisses a case, they are unlikely to refile it. But unlikely doesn’t mean impossible.
A dismissal doesn’t automatically clear your record, either. You may need to file for an expunction to legally erase the case from your criminal history. You may be eligible for an expunction, but whether you qualify or not depends on the details of your case. Not all dismissals qualify, and an experienced attorney will help you better understand your legal options.
Finally, any bond conditions you were under, such as no-contact orders, electronic monitoring, drug testing, or firearm restrictions, are immediately lifted when your case is dismissed. Even active failure-to-appear warrants tied to the case will be resolved if the underlying charges are dismissed.
So, while a dismissal is a victory, the smartest move is to close every remaining legal loop, especially with regard to your record.
It’s possible for the state of Texas to refile charges if the statute of limitations hasn’t expired and the dismissal wasn’t with prejudice. For misdemeanors, the statute of limitations is typically two years. For felonies, it’s at least three years, sometimes longer, depending on the specific charge.
That said, the circumstances surrounding the dismissal do indeed matter. If your case was dismissed with prejudice, the state is barred from refiling. This kind of dismissal often results from a constitutional violation, such as a denial of a speedy trial, lack of probable cause, or suppression of key evidence that was obtained illegally.
On the other hand, if the case was dismissed without prejudice, the state does have the technical right to refile, but only if it can justify it. For instance, if evidence was suppressed by the court, prosecutors can’t simply refile and pretend the ruling never happened. That suppression of evidence still applies.
Timing is everything in the legal system, and bringing a lawsuit in a family violence case comes with real risks. You have the right to pursue a civil lawsuit for:
But here’s the reality: suing while your criminal case is active is very risky. Prosecutors might push harder simply because they don’t want your civil suit to gain momentum. Even if no one says it out loud, retaliation can—and does—happen behind the scenes.
Here’s a much smarter move: Get your criminal case resolved first, especially if it can be dismissed. Then, consult a civil attorney to explore your options. And remember, there are statutes of limitations for civil claims, so don’t wait too long after your criminal case wraps up to pursue a lawsuit.
To sum it up, while you can sue, don’t let your desire for vindication derail your best chance at freedom. Get your criminal case dismissed, then weigh your next move.
Rebuilding your life after a case dismissal in Texas takes time and intentional effort. A dismissal won’t silence the whispers or erase your digital footprint overnight. But there’s a path forward. Here are some general tips to consider as you move in this direction:
People respond to integrity. They notice quiet accountability. And eventually, most will come around when they see the version of you that isn’t defined by the accusation.
Keep things simple and focused. Prioritize your family. Relationships are your backbone. Ground yourself in faith or purpose, generally something bigger than your case. And do whatever you can to protect your job or career. It is the engine of your independence, after all.
If you want to build from there, whether that looks like pursuing new goals, starting a business, or reconnecting with old friends, go for it. But don’t underestimate the power of stability. You don’t have to bounce back all at once. You just have to keep moving forward on your terms. You’ve been through the worst of it. Now, it’s time to take control of what comes next.
Get Your Questions Answered -
Call Us For Your Free, 30 Min Phone Consultation
(817) 369-9666