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.
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