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.

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Answered on 6/04/08, 1:24 pm


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