"NOLLE PROSEQUI” OR ‘"NOL PROSSE"
The Dismissal is the most gratifying result for the client. Dismissals take different forms and Carlos Canet has achieved all types. The “Nolle Prosequi,” or ‘Nol Prosse,’ is the latin term used when the State or Government are forced to declare a VOLUNTARY DISMISSAL. These types of dismissals come when the lawyer has obtained a legal result that has forced the state or government to act. Typically, this comes from litigation resulting in the exclusion of critical evidence. This happens when a motion to exclude evidence on certain legal grounds is granted by the court. A Nol Prosse may also be obtained if a problem with an important witness is exposed by the defense. A dismissal may also accomplished through a motion to dismiss. This type of motion is a legal challenge when it is calculated that the state cannot prove its case. It is a great device to test the evidence because the client is not exposed to any penalties or consequences in the event the motion is denied.
If you are seeking to fight your case and get the ideal result contact the Law Office of Carlos A. Canet and schedule a FREE CONSULTATION. Carlos Canet will review your facts and advise if there is some grounds for dismissal of your case.
13-005898CF10A (Singhal) 10/30/2015, Count I: Possession of Hydrocodone (Voluntary Dismissal); Count II: Possession of Cannabis (Voluntary Dismissal)
This client was stopped by the “Raiders” unit of the Broward Sheriff’s Office supposedly for committing several traffic violations. The client as in the vehicle with his wife and child. The police removed the client and and wife from the vehicle at gunpoint and held them in custody while his vehicle was search by a drug sniff dog. The police all claimed that the dog was very experienced, has excellent “credentials” and was never wrong. According to the police the dog alerted to the inside of the vehicle and the narcotics were found. Mr Canet filed a motion to suppress based upon the inconsistencies presented by the police concerning the dog search. Through cross examination of the officers it was demonstrated that there were several problems with the police version of the search. The court agreed and GRANTED the motion to suppress all evidence. The state later announced a VOLUNTARY DISMISSAL of all charges.
May 2013 (Miller)(Palm Beach County); VOLUNTARY DISMISSAL
The client was a professional pilot. He also worked as a flight instructor. The company he work for had him fly one of the company aircraft to the Dominican Republic for repairs. After a week in the DR, the client flew the aircraft back to the United States. He landed in West Palm Beach in order to refuel on his way back to Chicago. While in Palm Beach, the Sheriff’s Office and the DEA became suspicious and had the plane search by drug dogs. The dogs alerted and found 17 kilos of cocaine. The client was questioned at length and repeated that he was totally unaware that the aircraft carried drugs. The case was filed as two counts. Trafficking in cocaine with a 15 year minimum mandatory prison sentence and conspiracy to traffic in cocaine also with a 15 year minimum mandatory prison sentence. Mr Canet negotiated a reasonable bond so that the client could remain free while the case was fought. After exhaustive investigation, a C4 sworn motion to dismiss and a motion to suppress all evidence were filed with the court and scheduled for hearing. Prior to the hearing the State announced a VOLUNTARY DISMISSAL and the client was free of all charges.
08/15/07 2006CF 651 (Howard) Count I: DWLS (Habitual) (DISMISSED), Count II: Poss. Of Cannabis (DISMISSED)
This client was stopped while driving to Inverness in Citrus County. He was stopped because the officer following him ran the tag of the vehicle. The dispatcher came back with information that the registered owner of the vehicle had a Habitual Traffic Offender revocation. The client was stopped and arrested. Post arrest, the officer questioned the client’s girlfriend concerning the presence of drug sin the vehicle and thereafter found marijuana. Mr. Canet filed pretrial motions contesting the legality of the initial stop, the admissibility of the cannabis and the client’s statement to police. Upon consideration of these issues the STATE AGREED TO A MOTION TO DISMISS.