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 make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
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.
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.
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 considered legal advice nor does an attorney-client relationship exist.
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 Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.
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 consult an attorney for further advice regarding your individual situation.