Q: Why would my charges have been nolle prosequi?
was arrested for a felony possession and 2 misdemeanor possessions on september 14th and bonded out that day . i had my determination of counsel on september 19th and told them i was looking at a couple lawyers but wasn’t sure yet . they handed me a piece of paper that said my preliminary was november 9th . the other night i was looking through my paperwork and i noticed that they had scheduled another determination of counsel for me on october 3rd , but by the time i noticed it was already the 6th. i called the courthouse and she told me that they went ahead with my preliminary on the 6th and that all of my charges were nolle prosequi but couldn’t tell me much more than that. what could be reasons for them to move my preliminary date and to nolle prosequi all my charges, especially with me missing the court date? is there any way i could find this information out? i feel like they would have put a reason for doing so, would that be court records that i could go look at?
A:
The prosecutor (Commonwealth Attorney) may have decided there was insufficient evidence to proceed with the charges. Or perhaps the officer who arrested you was unavailable for court. The decision rests with the Commonwealth Attorney handling the case, and there is likely no notation in the file stating the reason. However, you can go to the courthouse and see if the judge made a reference on the disposition listed on the Warrant of Arrest.
You need to be aware that the charges may be refiled after a nolle prosequi and you can be re-arrested. Contact an experienced criminal defense attorney in the event you are contacted by the police. Make no statements to the authorities if you are arrested.
A: As my colleague has told you, the charges can be refilled. You should obtain a copy of the warrants from the General District Court clerk's office for your file. You might even want to set up an appointment with an experienced local criminal defense attorney to review the documents; sometimes the Judge will note on the documents the reason for the nolle prosequi or dismissal, especially when the defendant is not present.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
