Legal Question in Criminal Law in Florida
nolle pross
you stated the state can pick up the charges again would'nt the state need a reason or just decide to refile charges just for the heck of it
Asked on 6/04/08, 1:01 pm
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: nolle pross
As long as the charges aren't barred by the statute of limitations, the speedy trial rule, or some other legal reason, the state has complete discretion to refile the charges. They don't have to have a reason, but I agree that it would be unusual for the state to just refile the charges out of the blue.
Usually, the state nolle prosses charges when they can't find their witnesses. Sometimes, they'll refile when the witnesses are later found.
Answered on 6/04/08, 1:24 pm
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