A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges.Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court. A good criminal defense lawyer will argue for dismissal with prejudice, which means the prosecutor cannot refile the same claim. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. Experienced Attorney Lance Fryrear answers the question: Which is Better? Dismissal With Prejudice or Without Prejudice? For a case to be dismissed "with prejudice" means that the case is dismissed permanently, it cannot be brought back to court, and the charges cannot be refiled. The court, in the furtherance of justice, after notice and hearing, may dismiss any criminal prosecution due to arbitrary action or governmental misconduct when. You can appeal a dismissal with prejudice.