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!
S. Joy, Legal Expert
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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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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
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.
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