I live in Florida. My criminal case is three years old and has been "nolle processed" twice. I need to know what my options are to finally get this case closed
You have no options.
The State can continue to file and dismiss and refile you case un til it is barred by the Statute of Limitations.
Once the SOL runs you can (and should) file a motion seeking discharge with prejudice, but until then you are at the State's mercy.
In Florida the Statute of Limitations governs how long the State has to bring a charge based upon the degree of the crime. Florida Statute 775.15 says that a prosecution for a life felony has no SOL and can be commenced at any time, for a 1st degree felony the SOL is 4 years, for any other felony (2nd or 3rd degree) the SOL is 3 years, for a 1st degree misdemeanor its 2 years and for a 2nd degree misdemeanor the SOL is 1 year. However, there are many exceptions and some cases (such as sex crimes and fraud charges are entirely case specific matters where the SOL is concerned).
See: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.15.html )
Feel free to take a look at my Avvo Legal Guide on speedy trial and statute of limitations issues in Florida. It contains a great deal of information, is easier to understand than the statute itself, discusses some of the issues with the SOL and is may be helpful to you.
Please see: Michael A. Haber, Esq.'s AVVO Legal Guide on Speedy Trial and the Statute of Limitations in Florida Courts: / http://www.avvo.com/legal-guides/ugc/speedy-trial-and-the-statute-of-limitations-in-florida-courts
I hope that I have been helpful in answering your question.
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If all counts were Nolle Processed then your case is closed. That is Latin for 'not prosecute.' You may be able to have your record expunged. Ask your attorney about that process. Good luck!
If they dismissed it twice it seems unlikely they will or even can re-file it again. If this is your only case you should expunge it from your record.
The answer to your question would be predicated on the nature of charge - more particularly the degree of seriousness. Also, it would depend on why the state continues to file and nolle prose the charges. Sometimes prosecutors take that approach to try and avoid speedy trial rules - which is not permitted. Regardless, depending on the charge, as others have mentioned, the statute of limitations will eventually become an issue.
David E. Little is a criminal defense attorney located in the Tampa/St. Petersburg area. His practice is dedicated to representing individuals accused of criminal offenses in both State and Federal courts. Visit us on the web at www.brownanddoherty.com, or by phone: (727) 299-0099. No attorney client privilege exists by way of answering this question. You should always consult with an experienced criminal defense attorney, and only discuss the facts of your case with your attorney, so you are protected by the attorney client privilege.
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