Legal Question in Criminal Law in Maryland

Re: nolle prosequi/expungement

Did the case commence? Was a jury sworn or did the judge receive factual testimony? If so then double jeopardy applies. Continued action in this event will otherwise lead to a judgment of acquital.

When the state's attorney entered nolle prosequi it was voluntary. Practically speaking the effect of the nol pros depends on the nature of the crime and the charges. The normal effect of nolle prosequi is to preclude further prosecution on the charging document. However, a new charging document may issue.

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Re: nolle prosequi/expungement

I am assuming that a trial was not commenced when the State NP'd the case. Was the NP based upon a plea negotiation? Was there and alternative services like community service or IPSA or any other program required? Was the NP conditional? How long ago was this? Was the first case Expunged yet, or was the expungement petition filed and there is no Order of Expungement yet? Were the State's Witnesses there or was the NP entered because the State was not prepared for trial and the Judge Denied a Continuance request by the State? THE STATE CANNOT USE A NP AS A CONTINUANCE. The defendant's Speedy Trial rights cannot be violated by the State. Generally, the State can promptly re-file charges after a NP, but there are amny factors and exceptions and questions which must be analized to give you an answer. You do have rights that can and should be protected by a lawyer. If you don't have a lawyer, call me at (301) 279-8773. Best of Luck. - AP