Nolle Prosequi = Charges On Hold?

[solid snake]

What is the name of your state (only U.S. law)? Florida

If your charges were nolle prosequi'd does it simply means they're put on hold? For example, if you don't mess up for about 5 years they will go away entirely? Otherwise, if you mess up during that time, they're brought back up along with the new charges you face? Thank you for your help. It is MUCH appreciated.

[FlyingRon]

Nolle Prosequi isn't a probation. The prosecution can refile the charges regardless of what you do.

However, nolle prosequi doesn't toll the speedy trial time, so they are limited until how long they can wait for filing charges again for the same incident.

Note, that nolle prosequi has no effect on your arrest record and that will still show up on public records unless sealed/expunged.

[JETX]

Originally Posted by solid snake

If your charges were nolle prosequi'd does it simply means they're put on hold?

No.

Nolle prosequi is a Latin term meaning "we shall no longer prosecute".

It is a declaration made by a prosecutor in a criminal case meaning the case against the defendant is being dropped. The declaration may be made because the charges cannot be proved, the evidence has demonstrated either innocence or a fatal flaw in the prosecution's claim, or the prosecutor no longer thinks the accused is guilty. It is generally made after indictment, but is not a guarantee that the person will not be reindicted.

Simply, it means that the prosecution is not going to trial on the charges AT THIS TIME. If the reason can be resolved in the future (within the allowed statute of limitations), they can refile the charges and pursue prosecution. Their is no risk of 'double jeopardy' since the first prosecution attempt was canceled.

[FlyingRon]

Originally Posted by JETX

If the reason can be resolved in the future (within the allowed statute of limitations), they can refile the charges and pursue prosecution. Their is no risk of 'double jeopardy' since the first prosecution attempt was canceled.

It's actually shorter than the statute of limitations. There's a speedy trial statute, and nolle prosequi doesn't toll that the same or even different charges stemming from the same incident.

[JETX]

Originally Posted by FlyingRon

It's actually shorter than the statute of limitations. There's a speedy trial statute, and nolle prosequi doesn't toll that the same or even different charges stemming from the same incident.

Though not mentioned by the OP... I assumed that the prosecutor also 'dropped' the charges (as is often the case).... and then can/will refile if/when a case is developed that can support the charges (within the SOL). This avoids the 'speedy trial' issue.

[FlyingRon]

Originally Posted by JETX

Though not mentioned by the OP... I assumed that the prosecutor also 'dropped' the charges (as is often the case).... and then can/will refile if/when a case is developed that can support the charges (within the SOL). This avoids the 'speedy trial' issue.

Not in the posters state of Florida they CAN NOT. The statute specifically bars such behavior as a number of appellate decisions reinforce.

[solid snake]

Thank you both for your advice. The incident happened almost exactly four years ago. I think the charges were dropped because the case's disposition says closed.