If a class 5 felony has been nolle pros'd, is the arresting officer still allowed to make the person "work off the charge"?

Asked over 3 years ago - Fairfax, VA

The arresting officer said that I would have to "work off" my Class 5 felony (poss. marijuana w/ intent) in exchange for a nolle pros. and before I could get it expunged. But it has already been nolle pros"d. Is that allowable or can I petition for expungement now?

Attorney answers (1)

  1. Mitchell Mead Wells

    Contributor Level 12

    Answered . You can petition to expunge, but either the police officer or prosecuting attorney can also "bring back" or have you arrested for the possession of marijuana with intent to distribute allegation that was previously nolle prossed. You should consult with your attorney who assisted you with the nolle pross in the first place.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,698 answers this week

2,883 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,698 answers this week

2,883 attorneys answering