The United States government on Monday filed a motion through its attorney, John R. Lausch, requesting that the case against Mr Ponle should be dismissed without prejudice.
“Counsel for the government has spoken with counsel for the defendant and defendant’s
counsel has no objection to this motion.
Respectfully submitted,” Mr Lausch stated.
He said it is in pursuant with Federal Rules of Criminal Procedure 48, which states that the government may, with leave of court, dismiss an indictment, information, or complaint.
Also, the government may not dismiss the prosecution during trial without the defendant’s consent.
A court order issued by Judge Robert W. Gettleman on Tuesday said the government’s motion to dismiss a complaint without prejudice was granted.
“Without objection, the complaint against defendant Ponle is dismissed without prejudice. Motion presentment hearing set for 7/23/2020 is stricken,” Mr. Gettleman ruled.
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When a case is dismissed with prejudice, it is over and done with, once and for all, and can’t be brought back to court.
However, when it is dismissed without prejudice, like in the case of Mr. Ponle, the dismissal is temporary as the prosecutor can refile the case within a certain period of time.
The probable causes of dismissal range from unavailability of sufficient evidence, an improper criminal complaint or charging document, to loss of evidence necessary to prove the defendant committed the crime.
While PREMIUM TIMES is yet to obtain the reason for the dismissal against Mr Ponle, there are indications that the prosecutor will re-file a case against him.
He is yet to be released from detention at the time of this report.