Skip to main content

If your case has been nolle prossed can law enforcement still come to your house looking to arrest

Fort Myers, FL |
Attorney answers 4

Posted

Yes. A nolle prosse ends one case, but if law enforcement comes up
with new evidence they can come back to arrest

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

Posted

Yes law enforcement can actually come back and arrest you on the same charges even if the case was nolle prossed as long as the statue of limitations has not run out. Additionally, they can come arrest you on different charges if the evidence supports it. You need to discuss this situation with an attorney as soon as possible.

Posted

They can come back if the state decides to refile charges or if the state is arresting you for some other charges.

Posted

Yes, the police can arrest you on the same charges, even if nolle prossed. The State Attorney will normally dismiss (no file) charges if they do not feel that they have enough evidence to support the charge. However, they will drop the charge "without prejudice" to leave open the possibility of re-filing the charges in the future (within the SOL) in the event that new evidence surfaces.

Avvo.com answers provided solely for informational purposes. Answers are not legal advice and should not be relied upon as such. If you are seeking legal advice, contact a competent attorney in your local jurisdiction. Learn more about my practice at www.drivenlegal.com.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer