cds charges

[kellybaron]

Maryland...
I have a friend who was nolle prossed in 2003 for possession and intent to distribute a cds. He was recently arrested for the same charges. Does this mean that the prior case that was nolle prossed can be used to impose the maximum penalty or can that case be used to convict on second offense with maximum penalty of 10 years no parole?

 

[FlyingRon]

Nolle Prosqui cases aren't convictions, the trial officially didn't happen. It doesn't count as a first offense.