Legal Question in Criminal Law in Florida
disposition nollo pros
do i have to worry about the da coming after me at a later date to prosecute ? is the next step to demand a speedy trial ?
Asked on 5/07/09, 10:38 pm
1 Answer from Attorneys
David Kotler
Schwartz, Gold, Cohen, Zakarin, & Kotler
Re: disposition nollo pros
In Florida the government in state court may re-file a case whioh has been Nolle Prossed (where the nolle pros was not in return for some type of action on the defendant's behalf) until the statute of limitations runs. The demand for speedy trial would need to have been filed while the case is still pending. Since the court would lose jurisdiction once the nolle pros is entered a demand after the fact would have no affect.
Answered on 5/08/09, 9:39 am
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