What Is “Nolle Prosequi” in Naples, Florida?

The term “nolle prosequi” is Latin, and its rough translation is “not wanting to prosecute.” This may be a term that defendants hear during criminal proceedings, and it could be an extremely welcome phrase. Like all “legalese,” nolle prosequi seems more complex than it actually is. An experienced Fort Myers criminal defense attorney can help you navigate these complexities with confidence and efficiency.

Elected Official in Collier County Escapes Consequences for Alleged Violence 

In October of 2024, Naples Daily News reported that an elected official had escaped consequences for an alleged violent incident eight months prior. During this incident, the official was arrested on suspicion of beating a woman at a restaurant – and he later faced one count of battery. However, it now seems that the victim is not willing to proceed with the case. As a result of this development, the prosecutor provided the court with a “nolle prosequi” notice.

This notice lets the court know that the prosecutor is officially dropping charges against the defendant. In this specific case, the prosecutor indicated that the victim was not comfortable with moving ahead with a trial. No further details were provided. It may have been that the alleged victim did not want to deal with the stress of a trial. Alternatively, it may be that the victim and the prosecutor no longer felt confident about their ability to secure a conviction.

The defense seems to think it was the latter. Just days after prosecutors dropped the charges, the official’s defense attorney announced that he had discovered evidence that contradicts the victim’s version of events. Specifically, the defense attorney accused the victim of “fabricating” statements. Naples Daily News also highlighted another battery allegation made by the woman one month after the restaurant incident. In this second case, the defendant was “exceptionally cleared” of any wrongdoing.

How to Get a Nolle Prosequi in Florida 

It is the prosecutor who files the nolle prosequi notice in Florida – not the defense. That said, your defense strategy could eventually cause prosecutors to dismiss charges against you. Perhaps the most obvious reason is a lack of evidence. If prosecutors are not confident about their case, they may have no choice but to drop charges. Your defense attorney may be able to cast doubt upon evidence – or present new evidence that contradicts existing evidence.

However, these developments are often out of your control. If a key witness decides not to cooperate with the prosecution, this could also lead to a dismissal.

Can a Naples Defense Lawyer Get My Charges Dismissed? 

A Naples defense lawyer may be able to help you have your charges dismissed. If prosecutors do not feel confident about their case, they may drop charges. Your lawyer could motivate them to take this step by helping you develop a solid defense strategy. However, this is only one potential outcome in your criminal case – and you should discuss your unique circumstances in more detail with a lawyer before making any hasty decisions. Consider contacting The Foley & Wilson Law Firm for further guidance.

Sources: 

naplesnews.com/story/news/crime/2024/09/25/battery-charges-dropped-against-collier-county-commissioner-rick-locastro/75381550007/

winknews.com/2024/09/25/charges-against-collier-county-commissioner-dropped/#:~:text=The%20domestic%20violence%20charges%20against,show%20up%20for%20a%20deposition.