Short Answer
Complete Explanation
A “Dismissed for Want of Prosecution” (DWOP) is a procedural dismissal used in Texas criminal courts when the prosecutor does not take the required steps to move a case toward trial within the time limits set by the Texas Code of Criminal Procedure. The dismissal is typically without prejudice, meaning the state may refile the charge if the statutory deadline has not yet expired. The rule is intended to protect defendants from indefinite delays and to encourage timely prosecution.
- Statutory Basis:
Texas Code of Criminal Procedure, Article 38.02(b)(2) permits a judge to dismiss a case for want of prosecution after a 180‑day period (or longer, depending on the offense) during which the prosecutor fails to bring the case to trial or otherwise progress it. - Effect of Dismissal:
The dismissal is normally “without prejudice,” allowing the state to refile the charge before the expiration of the statute of limitations, unless the court orders a dismissal with prejudice. - Typical Timeline:
For most felonies, the clock starts when the defendant is arraigned. If no trial date is set and no significant pre‑trial activity occurs within 180 days, the defense may move for a DWOP dismissal. - Prosecutor’s Options:
The prosecutor can avoid a DWOP by requesting a continuance, filing a motion for a speedy trial, or setting a trial date before the deadline expires. - Re‑filing After DWOP:
If the dismissal is without prejudice, the state may re‑indict the defendant, but the original filing date may affect the applicable statute of limitations.
Common Misconceptions
A DWOP dismissal always ends the criminal case permanently.
Most DWOP dismissals are without prejudice, allowing the state to refile the charge if the statute of limitations has not run.
The 180‑day period applies uniformly to all crimes.
The time limit varies; certain offenses (e.g., capital felonies) have longer periods, and some procedural steps can toll the clock.
FAQ
Can a DWOP dismissal be appealed?
Yes. Either party may appeal a dismissal for want of prosecution, but appellate review is limited to whether the trial court correctly applied the statutory time limits.
Does a DWOP dismissal erase the defendant’s criminal record?
No. A dismissal without prejudice does not result in a conviction, but the record of the indictment and dismissal remains on the docket.
What happens if the prosecutor files a new indictment after a DWOP dismissal?
The new indictment restarts the procedural clock, but the filing must occur before the original statute of limitations expires; otherwise, the charge may be barred.
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