Legal Question in Criminal Law in Florida

I had a case from 2 yrs. ago that was nollprossed (wasn't found not guilty or guilty) and resently got arrested (new case) with almost the same exact charges can the state attorney bring that up in trial and or use it against me? and even though I have an open case is their any way I can get an order to seal past records witch would be the nollprossed case?


Asked on 11/20/09, 6:46 pm

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

To answer your specific question, no they can't use it at trial. Sentencing hearing or bond hearing is another matter. Also, you can get it sealed or expunged, but the process takes a few months.

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Answered on 11/25/09, 10:26 pm
Leland Garvin Garvin Law Firm

In adding to what the previous lawyer correctly pointed out, they cannot use it at trial. As a general rule only prior felony convictions can be used to Impeach you, if and only if, you choose to take the stand and testify.

As the case was nolle prossed, they really cant use it against you but the prosecutor will see it on your record and will use that information accordingly.

I handle cases in Palm Beach County and would be more than happy to chat further about the specific facts of your case.

Happy thanksgiving,

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Answered on 11/25/09, 11:22 pm


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