Tuesday, December 22, 2015

What can you do when your case is three years old and has been "nolle pros'd" / dismissed twice? ~ Chosen as "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     What can you do when your case is three years old and has been "nolle processed" twice?  I live in Florida. My criminal case is three years old and has been "nolle processed" twice. I need to know what my options are to finally get this case closed.


A:     Chosen as "Best Answer" by Asker on www.AVVO.com

Licensed in FL



1

Helpful vote
Best Answer
chosen by asker
Answered . You have no options.

The State can continue to file and dismiss and refile you case until it is barred by the Statute of Limitations.

Once the SOL runs you can (and should) file a motion seeking final discharge with prejudice, but until then you are at the State's mercy.

In Florida the Statute of Limitations governs how long the State has to bring a charge based upon the degree of the crime. Florida Statute 775.15 says that a prosecution for a life felony has no SOL and can be commenced at any time, for a 1st degree felony the SOL is 4 years, for any other felony (2nd or 3rd degree) the SOL is 3 years, for a 1st degree misdemeanor its 2 years and for a 2nd degree misdemeanor the SOL is 1 year. However, there are many exceptions and some cases (such as sex crimes and fraud charges are entirely case specific matters where the SOL is concerned).

See: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.15.html 

Feel free to take a look at both my Avvo Legal Guide and YouTube Webisode on speedy trial and statute of limitations issues in Florida. It contains a great deal of information, is easier to understand than the statute itself, discusses some of the issues with the SOL and is may be helpful to you.

Please see: Michael A. Haber, Esq.'s AVVO Legal Guide on Speedy Trial and the Statute of Limitations in Florida Courts: / http://www.avvo.com/legal-guides/ugc/speedy-trial-and-the-statute-of-limitations-in-florida-courts 


Please see:  Haber PA's YouTube Webisode on Statute of Limitations and Speedy Trial: https://youtu.be/HmEw9PTqslY



I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1







THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #StatuteofLimitations #Dismissal #Refile #NollePros #NolleProsequi  #SOL

Posted by at

No comments:

Post a Comment