The prosecutors "No Filed" my case, can the police pressure the police to bring back charges against me?

Asked 9 months ago - Orlando, FL

I was lucky enough to have the state attorneys office, to no file my case, and say that the case is not suitable for prosecution...the victim in the case was a police officer....i called the police to get my evidence back and they just found out through me that the case was "no filed"....as you can imagine the polcie were very angry and said they were going to call over to the state attorneys office.....can the police force them to bring back charges against me for the same thing, even though the state attorney no-filed the case.

Attorney answers (8)

  1. Bryce Aric Fetter

    Contributor Level 15

    7

    Lawyers agree

    Answered . No, they can't force anything. That decision is solely up to the State Attorney's Office.

  2. Robert Jason De Groot

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . If you already have an attorney you should speak with him or her about this. If you do not have an attorney you should get one immediately. Intake at the SAO determined that under the facts presented at the time, the case was not going to be prosecuted. The same facts should not be used to initiate another prosecution.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more
  3. Janese Michelle Caruthers

    Contributor Level 4

    7

    Lawyers agree

    Answered . The simple answer is that the police cannot force the state attorney's office to file charges; however, if they put enough pressure on the right person in the state attorney's office, a charge could be filed. The state can drop charges and then refile the charge as long as it is done within the speedy trial period. Under Florida law, you have the right to a speedy trial. The time period for a speedy trial depends upon whether it is a felony or a misdemeanor. If the charge is a felony the speedy trial period is 180 days and 90 days if the charge is a misdemeanor. My advice is to lay low until the speedy trial period expires and then try to get the evidence back once you know for sure the charge cannot be brought against you again.

  4. Nick Jay Dorsten

    Contributor Level 20

    6

    Lawyers agree

    Answered . While the police cannot "force" the state to file on a charge, they can do what any victim has the right to. They can call the state attorney and aske them to reconsider. If this is what they are doing you need to speak with a local criminal defense lawyer now.
    Good luck,

  5. Andrew Michael Bonderud

    Contributor Level 14

    6

    Lawyers agree

    Answered . All of my colleagues are correct about the criminal law aspects of your question.

    However, to evaluate whether or not your civil rights have actually been violated, I would need to know more about what happened. I would advise you, however, not to post any more facts about the case in this forum, since it's public. You should speak with an attorney if you believe your civil rights were violated.

    Andrew M. Bonderud, Esq. -- Licensed in FL & TN; The Bonderud Law Firm ,P.A. Andrew's posting here is not to be... more
  6. Alberto Marino Quirantes Jr.

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . They cannot force the state to file the charges, but they can certainly put pressure on the state attorneys office to achieve that. And the state attorney can file the charges and serve you. This is the byproduct of not having sought competent counsel to help you from the beginning in this case!

    I always advise clients who are arrested to seek The help of a criminal defense attorney who would have been involved in the prefile decisions, and would have advised you not to make any motions or even make a request for the return of your property until after the appropriate speedy trial time period has elapsed. By so doing, you have disturbed the process and possibly brought yourself new criminal charges.

    Now, are you going to make the same mistake twice and not hire a lawyer this time? There are many strategies to beat the charges before they even get to court. You must speak a face-to-face consultation with a competent criminal defense attorney to find out how and what to do. Don't blow it this time.

    The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law... more
  7. Joel C. Wilson

    Pro

    Contributor Level 4

    4

    Lawyers agree

    Answered . The police can't force the State Attorney's Office to file charges against you but they can call their office and voice their opinion. The State may take another look at the situation after being contacted by the police, and until the speedy trial period has run on your case, they could charge you with the crime (the speedy trial period is 90 days for a misdemeanor cases and 175 days for a felony cases). It is uncommon for the State to file a charge on the case after they filed a no information, however, I always recommend to client's not to do anything to bring the case back to the State Attorney's attention before the speedy trial period has run. Contact a criminal defense attorney for more information about your situation.

    The information does not create an attorney-client relationship. The facts of your case are unique, and you should... more
  8. Mark H Randall

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . Could happen!

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