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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11743
Experience:  19+ Years of Legal Practice in Criminal Law.
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If you have been convicted of a crime and then the partner

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If you have been convicted of a crime and then the partner in crime who delayed and went to court a year later to get nothing while my family member got 5 years probabtion and of course the felony record. They both confessed and I have the interviews with both of them. when partner in crime went to court they filed a Nolle Prosse and I have just found out that on the same day they filed a nolle prosse for family member as well.... what does that mean..   I know the partner in crime got nothing. What does that mean for my family member..this is in Louisiana
Submitted: 4 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 4 years ago.

Dear Jacustomer,

 

First, I am so sorry for your troubles here with your family member.

 

I do Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me, in numbered answers if I ask more than one question:

 

1. Did your family member take a plea in order to receive 5 years probation/no jail time?

 

I look forward to getting to work on this for you. Hang in there!

 

 

Sincerely,

 

S. Joy, Legal Expert

 

Please note: I do not provide legal advice, only legal information; I do not legally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.

 

At times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear.

 

Customer: replied 4 years ago.

Yes

Expert:  AlexiaEsq. replied 4 years ago.

Thanks for the clarification:

 

With regard to your post:

 

If you have been convicted of a crime and then the partner in crime who delayed and went to court a year later to get nothing -- If you are saying that they dismissed all charges, it would appear that the evidence supported the dismissal at that time or he had some other 'deal' that warranted a dismissal.

 

while my family member got 5 years probabtion and of course the felony record. The problem here is that your family member asked for a deal (probation instead of hard jail time) and they agreed to do as he requested. If he didn't try to plea out so early, things may have been different.

 

They both confessed and I have the interviews with both of them. It is possible that one confession was the subject of a Motion to Suppress if it turns out it was illegally illicted. If your familoy member had an attorney, he could explain whether the confession he made has weaknesses that a Motion may have availed itself of in order to be granted suppression. However, when we take a plea, we are saying, I don't want to go through every thing else, I confess and am willing to plead guilty to X crime in exchange for an easier sentence of probation.

 

when partner in crime went to court they filed a Nolle Prosse and I have just found out that on the same day they filed a nolle prosse for family member as well.... what does that mean.. This must be an error, because a Nolle Prosse is a request by the prosecutor to dismiss the charges - clearly the prosecutor did not do so with regard to your family member. Remember, your family member plead guilty a year EALIER, so his case was already completed. You may want to double check your information.

 

I know the partner in crime got nothing. Sometimes there is a benefit to fighting the case instead of taking a plea.

 

What does that mean for my family member..this is in Louisiana. Based on the above, it likely means nothing - he was already convicted...However, it never hurts to get an experienced criminal defense attorney to fully review the file, particularly one who is adept at appeals - to see if there is NEW EVIDENCE that may come into play (after your family member plead, but but relevant to the crime) to help him.

 

Good luck, I wish you and him all the best here.

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

 

Sincerely,

 

 

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

 

Customer: replied 4 years ago.

 

If I am correct about the Nolles Prosse....do they look at it as an error and unfile it? I do know it was filed for a fact.. I shouldn't be worried about the other party but I am upset, he had been in so much trouble before this and mine had not. It is not fair

 

 

Expert:  AlexiaEsq. replied 4 years ago.

I know this has obviously been such a painful situation for you. I am so sorry. It would seem that a Nolle filed on a case that no longer exists, would never get passed that original erroneous request stage of the prosecutor - if he in fact filed that requrest. THis is because the court has to sign off on it. Presumably, the court would have seen there was no pending charges in which to dismiss and so would have denied the prosecutor's request (which was likely a clerical error). I do not see that this post conviction error would stand to be a gounds for reversing his prior conviction. However, as noted, he may have other grounds to appeal or vacate the judgment, and may want to get an attorney to review the possibility.

AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11743
Experience: 19+ Years of Legal Practice in Criminal Law.
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