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A case involving a criminal traffic violation. If the state prosecutor reviews the case and decides to dismiss, what happens ?

Fort Lauderdale, FL |

A case involving a criminal traffic violation such as a DUI or Hit and Run, When the state prosecutor reviews the case and details, decides the case is not worth pursuing and dismisses the case against the accused, Does, the Citation given to the accused enter the court docket as dismissed or Not at all ? Does the accused get notified of the dismissal ? Thanks

Attorney Answers 5

Posted

If you had been arrested for the offense then the prosecutor would need to enter a dismissal. However, if an arrest is never made and no citation is ever issued and the prosecutor decides not to pursue the case then he would not need to do anything but close the case internally.

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Posted

Hand written citations were issued but, I was never formally arrested and was never arraigned in court. It's been about 14 months now and have checked throughout the duration and no sign of this incident on the court records or docket ! Is it possible that the PO never entered the citations to the state prosecutor? These are hand written citations !

Posted

The answer to your question depends on when the prosecutor decided not to pursue the DUI charge. Since the question was asked in Fort Lauderdale, I will assume you are referring to a broward county case. In broward, the charge is not filed (pursued to use your words), until a filing prosecutor files an information. If that prosecutor decides against filing the charges, then they will fill out a no action document. This document indicates that they do not believe that they have a "substantial likelihood of conviction". If the charge is filed and the prosecutor in court dismisses the case, they will enter a nolle prosequi. You can contact the clerk to find out the specifics. However, assuming you have never been adjudicated guilty of any other crime, you will have the opportunity to expunge the DUI from your record. Andrew Parks, Parks & Braxton, P.A. (954) 385-5651

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Thanks for your response ! So, if they enter a nolle prosequi, it gets recorded on the court docket as a dissmissed case ? Have you ever seen a case where they entered a nolle prosequi and never gets recorded on the court docket ? Thanks

Posted

Charges are dropped

This is not intended as legal advice.

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Posted

Thanks for your response but, does it get recorded on the court docket as dismissed or is it possible they just don't record it all ? Thanks

Posted

Once a person has been either cited or arrested for a criminal law violation, said information is docketed. If the prosecutor then decides not to pursue the charges, they will enter either a No Information or a Nolle Pros. Since most of this information is on line, you may not necessarily be notified by the state attorney that the case is dropped. Alot of times, if the client has posted a cash bond, the clerk will retrun the bond money to the remitter in the mail. The record of the arrest or citation will remain available as public record even if the case is dropped. In that event, I advise clients to seek expungement.

The answer to this question does not constitute an attorney-client relationship. This is simply being provided for informational purposes only.

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Thanks for your response ! In my case, a hand written Felony Criminal Traffic Violation was issued and it's been 14 mos. now. No arraignment date, No record of it on the Clerk or Courts website, and No record of it at the Clerks office ! Not, looking a gift horse in the mouth but, What do you think could have happened? Thanks

Posted

If your case is in Broward County, you probably won't receive notification that the case was dismissed. Check online periodically at www.browardclerk.org. If the case status goes from "pending" to "disposed," then it was likely dismissed or "no info'd."

You can always call the Clerk's Office, or if you have an attorney, your attorney should be on top of the progress of your case.

All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal advice. There is no attorney-client relationship formed as a result of this comment.

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Thanks for your response ! In my case, a hand written Felony Criminal Traffic Violation was issued and it's been 14 mos. now. No arraignment date, No record of it on the Clerk or Courts website, and No record of it at the Clerks office ! Not, looking a gift horse in the mouth but, What do you think could have happened? Thanks

Eric Matthew Matheny

Eric Matthew Matheny

Posted

14 months since arrest and speedies have run