Legal Question in Criminal Law in Florida

In January 2013, my friend was arrested and charged with 5 felony charges: 3rd degree grand theft, 2 felony retail thefts, 1st degree Rico-Conduct and 1st degree Conspiracy to Commit Racketeering. In December 2014, he was adjudicated guilty of the 1st degree Rico-Conduct and all other charges were �nolle prosequi�. He is currently serving a 10-year sentence in Florida for the Rico-conduct charge but is in the process of appealing the case. I understand the meaning of the term �nolle prosequi� and what the definition is however, my question to you is, if the prosecutor decides to issue a new charging document for the charges that my friend was �nolle prossed� on, how long does the prosecutor have from the time that they were �nolle prossed� to issue a new charging document? Another words, is there a certain time frame expiration that the prosecutor has to bring the nolle prossed charges back up? Thank you for your help with this matter.


Asked on 1/24/16, 10:06 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

In theory, the prosecutor has the statute of limitations to bring charges back. However, in practice it is VERY difficult for a prosecutor to do so, and although it has probably happened, I have never seen a case brought back under those circumstances where the nolle prossed the case. In other words, your friend is good.

Read more
Answered on 1/25/16, 9:02 am


Related Questions & Answers

More Criminal Law questions and answers in Florida