Can a Case Be Reopened After Dismissal? What Texas Law Says

Posted on August 18, 2025 in Criminal Defense

Getting your criminal case dismissed feels like a victory - but many people worry: Can the case be reopened? The answer isn't always simple. In Texas, whether a dismissed case can come back depends on the type of dismissal and the circumstances.

At Barbieri Law Firm, we help clients understand their rights after a dismissal and protect them from unexpected legal surprises. Here's what Texas law says about reopening cases.

Types of Dismissals and What They Mean

Dismissal With Prejudice: This is a final decision. The case is closed permanently, and the prosecution cannot bring it back.
Dismissal Without Prejudice: This means the case is dismissed for now, but the prosecutor can refile charges if new evidence emerges or they decide to proceed.

When Can a Dismissed Case Be Reopened?

Cases dismissed without prejudice can be reopened, sometimes even months or years later, especially if:

New evidence surfaces
Witnesses become available
The prosecutor believes the initial dismissal was premature

Dismissals with prejudice cannot be reopened, protecting defendants from future prosecution for the same offense

What to Do If You're Worried About Reopening

If your case was dismissed without prejudice, it's important to stay aware of your legal status. You may want to:

Request clarification from the court or prosecutor's office on the dismissal type
Keep in touch with your attorney about any updates
Be cautious about statements or actions that might affect your case