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  1. #1
    Join Date
    Oct 2007
    Posts
    5

    Default Documenting The Reasons For a Nolle Prosequi

    Hello I have somewhat of a complex question. Firstly I will say that I am in pennsylvania and it is where i was tried.

    On 4/28/02 I fled from the police in my vehicle for a short distance around 3 blocks. I slid and ran into someones yard and the state trooper rammed my vehicle. He ordered me out of the car and i got out the passenger side and laid on the ground. The trooper then kicked me in the ribs and cuffed me. A witness to all of this came down and asked the officer why he did that as I was being compliant. The officer then told him to get back. I was taken to the hospital for them to take my blood to determine if I was DUI. I was not drinking at all so i know I was ok on that.

    The original charges wrote up were DUI, reckless endangerment, Fleeing and eluding, resisting arrest, Aggravated assault, trespass by motor vehicle, driving at safe speed, Driving under suspension, disregard traffic lane(single), driving unregistered vehicle, driving without valid inspection and reckless driving. I was assigned the head public defender and my preliminary hearing was waived to court. I never again saw my public defender until my pretrial conference on 12/10/02. When I arrived they told me they reached a plea agreement that If i plead to resisting arrest, fleeing and eluding, and reckless endangerment, they would drop all the other charges.
    I was sentenced to 2 years probation.

    Now the problem is this, I am currently trying to enlist in the Marine Corps and on my court dockets all of the charges that were "dropped" are actually listed Nolle Prosequi. However on the docket it says that on 10/03/02 that the charges were withdrawn. My recruiter needs to know if the DUI and aggravated assault were dropped due to lack of evidence or if part of the plea agreement. I know they had no evidence to convict me of DUI as i had not been drinking at all, but I do not know if they really had evidence to convict me of aggravated assault. So between 10/03/02 and 12/10/02 the charges were withdrawn and migrated judge but after I took the deal it was listed as Nolle Prosequi. My thinking is that if they had evidence of aggravated assault(18 2702 A1 PA code) they would have added that as part of the plea agreement seeing as how it is a felony in the first degree. Same thing with the DUI. My recruiter needs me to get the court documents of why it was charged nolle prosequi to see if it was due to lack of evidence, how do I go about getting those? also is it normal for a prosecutor to nolle prosequi the major charges for lesser ones as part of a plea agreement?

    Sorry for the long thread but Im really trying to get into the military and this is holding me back. I have no idea how to get this paperwork or what i can do if it was made part of a plea agreement. please help me out! thanks in advance.

  2. #2
    Join Date
    Nov 2007
    Posts
    13

    Default Re: Nolle Prosequi And Finding Out The Reasons For It

    Go to the courthouse and request the pages of your file under the freedom of information act. There will be a small charge. If you don't live in that county or state now write them stating as much info as possible. The recruiter may be willing to pay any fees you incur.

    Nolle Prosequi is a dismissal. You perhaps need to find out for the recruiter if it is with or without prejiduce (sorry about the poor spelling). Without prejiduce means they will bring up the charges if they find more evidence within, I believe, one year. With means they have no evidence.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Nolle Prosequi And Finding Out The Reasons For It

    FOIA laws have little to nothing to do with getting court records - court records are routinely exempted from them, as they are already available as public records. The court file, though, probably does not illuminate why the charges were dropped. You may need to try to get a letter from the prosecutor's office.

  4. #4
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Documenting The Reasons For a Nolle Prosequi

    I thought that when a prosecutor files a motion to withdraw chages that needs approval from the judge he must state why he is filing the motion.
    (i.e. insufficient , or something along those lines.) This case is closed, it was a 2002 case. My recruiter wants documentation saying they had insufficient evidence to convict and thats why they were nolle prosequi, otherwise the military looks at them as convictions. They say unless proven they couldnt convict it doesnt change the fact that the offender actually commited the crime. The motion to withdrawn was filed 10/3/02 and migrated to the judge, and then the pretrial was 12/10/02 doesnt that mean that the judge approved the motion in between that time? and if so how could they approve a plea bargain deal to nolle prosequi those chages before i actually agree to taking the plea? All i really need to know right now is, if i go to the clerk of courts and pay the fee will the paperwork stating the reason for the motion be included in it? and also is it possible that the judge involved in the case can reopen it to change it to say they had insufficient evidence?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Documenting The Reasons For a Nolle Prosequi

    A judge cannot speak for the prosecutor's office.

    You will find out what is in the court file when you examine the contents of the file.

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