Know, however, that a prosecutor may dismiss or drop a case and then refile it. The first reason for dropping or dismissing a case may be weak, incomplete, or incorrect evidence. This may be due to partial evidence gathering by the police or unfinished analyses by laboratories and experts.
If the prosecutor feels there is sufficient evidence to win, they will file formal charges, also called an “Information.” The Information will list the exact charge they will be prosecuting. The charges that are listed may be more or less serious than what is shown in the original arrest report. On occasion, the charges could take months to appear.
There are exceptions to these rules in the following circumstances. A prosecutor can offer a plea agreement in cases where: Or, a reduction in the charges or dismissal of one or more would not result in a substantial change in sentence What are considered serious felonies? Serious felonies encompass a great many crimes.
Though challenging, you can persuade a prosecutor to dismiss criminal charges for several reasons. The primary reasons are weak evidence, illegally obtained evidence, and procedural and administrative errors.
In Hillsborough County, call Brett Metcalf, Criminal Defense Attorney, P.C. at (813) 258-4800, for a free and confidential consultation.
Under Florida court rules, if you’re charged with a misdemeanor, your trial must start within 90 days of your arrest and 175 days if you’re accused of a felony. Any defendant can demand a trial at least 60 days after their arrest.
If you’re accused of a violent act, self-defense is a potential affirmative defense. Essentially, this means you don’t deny the act happened, but your acts were legally justified. Self-defense, or the justifiable use of force, may result in charges being dismissed if you reasonably believed your conduct was necessary to defend yourself against the other person’s imminent use of unlawful force against you or another person. Florida’s Stand Your Ground law allows us to file a motion for a pre-trial determination that you should be immune from prosecution.
If the judge agrees, it might lead to a charge’s dismissal by the judge or make the prosecutor’s ability to carry their burden of proof so limited the charges may be withdrawn. Motions vary on: The facts of your case. Whether the police or prosecutor mishandled your case. Applicable law.
During the trial, after the prosecution presents its case, the defense may ask the judge to dismiss the charges because the evidence, as far as the law is concerned, is not enough to justify a conviction.
Facing criminal charges in Tampa or anywhere in Florida, for that matter, is confusing and scary. Most people have no idea how to deal with the court process and all the procedures involved. They only know they are dealing with possible jail time, fines, and conviction on their record.
You don’t have the burden to prove you’re innocent. Every crime has different elements – specific acts, knowledge, or motivations – that must be proven for a conviction. If there wasn’t enough evidence to prove all the elements beyond a reasonable doubt, the charge should be dismissed.
If the charge was dismissed at the preliminary hearing he should have been released immediately unless there was something else holding him in jail. you should discuss this with his attorney.
Unfortunately, the charges can be refiled anytime from the same day until the statute of limitations expires. Of course, the longer the delay, the less likely charges of this nature are refiled. If he is charged, you might want to consider asking your husband's attorney to request ROR bail based upon the lack of strength to the government's case as well as your condition. Good luck!
The refiling could happen the same day. All that needs to happen is for the Affiant (the officer filing the charges) to prepare a new complaint and affidavit and take to the MDJ for issuance.
If the court improperly denies the motion for discharge under the speedy trial rule, then the decision can be reviewed by filing a petition for writ of prohibition to a higher court.
Instead, it continues to run and the State may not refile charges based on the same conduct after the period has expired. In State v.
A prosecutor with a weak case could simply enter a nol pros while continuing to develop the case and then refile charges based on the same criminal episode months or even years later, thus effectively denying an accused the right to a speedy trial while the State strengthens its case. In Genden v.
By that time, the defense attorney may be able to present exculpatory evidence proving the defendant did not commit the alleged crimes, such as a confirmed alibi that shows the defendant somewhere else when and where the crimes occurred.
Some identifying facts, such as name, age, height, county of residence, city of the alleged crime, and other critical facts that identify a specific defendant with an alleged crime must be correct.
The primary reasons are weak evidence, illegally obtained evidence, and procedural and administrative errors. Know, however, that a prosecutor may dismiss or drop a case and then refile it.
The primary reasons are weak evidence, illegally obtained evidence, and procedural and administrative errors. Know, however, that a prosecutor may dismiss or drop a case and then refile it.
If the grand jury does not find probable cause to substantiate the charges, the case may be dismissed. If they do find probable cause for the indictment, the accused’s counsel may challenge the grand jury proceedings for mistakes or irregularities in a motion to dismiss the charges. However, a prosecutor may also take a weak case to trial.
The grand jury, a group of local community members, hears or reviews the prosecutor’s evidence , such as police reports, witness testimony, medical records, or other evidence showing probable cause that a crime was committed. If the grand jury does not find probable cause to substantiate the charges, the case may be dismissed.
Legal searches and seizures are made with search warrants issued by a judge when the police show probable cause exists to search, meaning sufficient evidence exists that a crime is or was committed.
If you are facing criminal charges, the sequence of events follow s a similar pattern in every Florida county. It is always a good idea to educate yourself of the process so you can make intelligent decisions about your own situation. Always be sure to look up the court public records to track your case, and closely follow the advice ...
Your attorney also must give the prosecutor available evidence. That includes police reports, witness statements, and documents. In a criminal court, there are no surprises – each side always knows what evidence the other side has.
Arraignment. The Arraignment hearing is where a plea is given: not-guilty, guilty, or no contest. More often than not your attorney submits your not-guilty plea in writing. Even if you do not plan to fight the charge, a not-guilty plea gives your attorney more time to work on your case.
Pretrial Intervention. You may be eligible for a Pretrial Intervention Program (PTI). Many people that are first offenders, non-violent offenders, and that are on drug-related charges become eligible for PTI. The State Attorney’s Office usually has a dedicated individual that reviews cases to determine eligibility.
In a deposition, your attorney can find out exactly how someone intends to answer at trial, without a judge or jury hearing the results. Those answers can be challenged, expanded upon, and tested for weaknesses.
If the prosecutor feels there is sufficient evidence to win, they will file formal charges, also called an “Information.” The Information will list the exact charge they will be prosecuting. The charges that are listed may be more or less serious than what is shown in the original arrest report. On occasion, the charges could take months to appear. If the prosecutor declines to file formal charges, an information will not be filed and the case is considered abandoned.
A criminal case can begin in several different ways. The most common ways are an arrest by a police officer or a Notice to Appear. An arrest may occur if a police officer witnesses a crime or an investigation produces a probable cause that you have committed a crime.
The Statewide Prosecutor is appointed by the Attorney General to serve a four-year term. The process begins when a victim, or one having knowledge of a crime, files a sworn statement with the proper authority known as a complaint .
Within 24 hours of his/her arrest the accused criminal, known as the " defendant " is brought before the judge for first appearance . At this hearing the judge informs the defendant of the charges against him/her, advises the defendant of his/her right to counsel, and explains the amount of bond.
At the sentencing hearing and prior to pronouncing the sentence, the judge gives the defense and prosecution an opportunity to present their recommendations to the court, along with those of the victim (s), should the victim (s) wish to speak.
The Statewide Prosecutor has the authority to conduct hearings throughout the State, summon and examine witnesses, require the production of physical evidence, sign informations and indictments, confer immunity, and exercise basically the same powers as are granted to State Attorneys. The Statewide Prosecutor is appointed by ...
However, on many occasions the defendant does not present any evidence because he/she does not have the burden of proof. The burden of proof is on the State to prove the defendant's guilt and the defendant cannot be compelled to testify against himself/herself.
A pre-sentence investigation is a report by a probation officer detailing the defendant's background and prior criminal record. It also includes comments from the defendant, victim (s), the defendant's attorney, the prosecuting attorney, and a sentencing recommendation from the probation officer.
An information is a sworn document signed by the prosecuting authority (in this case the Office of Statewide Prosecution) which charges a person with the a violation of the law. An information may charge any crime except a crime punishable by death. An indictment is a charging document filed by a grand jury and may indict on any crime.
The prosecutor didn't feel there was enough evidence to warrant moving forward with charges and thus asked the court to dismiss the case, which it did. You say you want it re-opened? Were you the victim? If so, you can certainly ask the prosecutor for an explanation. It's possible some witness (es) weren't available or...
"No Information Notice" typically means that the Prosecutor has reviewed the case and has determined that it is not suitable for prosecution. Just because there is enough evidence to justify an arrest, it does not mean that a Prosecutor has enough evidence to prove that a crime took place "beyond a reasonable doubt" which is the standard...
"No information" is equivalent to "no action". The state attorney has dismissed the officers accusations without formally filing charges against you. However, the state may refile the charges if they later find that they have sufficient evidence to proceed, but only during the speedy trial time period.