Based upon a drug trafficking tip from an informant, the Narcotics Unit obtained a search warrant of a home. At the time of execution, our Client was at the location with several other people. Items the police found during the search included: opium pills, Xanax pills, a large amount of cash, a home-made Captain Morgan crack pipe, and other drug paraphernalia. A pat-down search of our Client revealed a pack of Kool cigarettes containing 3.0 grams of crack cocaine. Police charged our Client with Felony Possession of Cocaine. Simple possession of cocaine, or crack cocaine, is a 3rd-degree felony, punishable by up to 5 years in prison. Unlike the Federal sentencing guidelines, the state of Florida treats powder cocaine and crack cocaine the same.
Nolle Prosse is a Latin word meaning will no longer prosecute. The prosecution has decided that they will no longer prosecute the defendant.
Reasons as to why the prosecution may have decided this include the following:
- Re-evaluation of evidence
- New evidence has come forth
- Witnesses are no longer willing to cooperate
- Willing to give the defendant a second chance
Expunging a Record
In order to have a record expunged, you will first need to meet the criteria in order to do so. Once you are eligible for expungement, you will need to obtain a certificate of eligibility from the Florida Department of Law Enforcement. A form can be downloaded on the Florida Department of Law Enforcement. However, it is important to realize that just because you received the certificate of eligibility does not mean that criminal history will be expunged by the court. Having the record sealed will be at the discretion of the court.
In Florida, when a record is expunged, it is removed from the system or files and destroyed. There are several different methods that can be used in order to expunge a record.
The types of expungement include the following:
- Administrative Expungement
- Court-Ordered Sealing or Expungement
- Juvenile Diversion Expungement
- Lawful Self-Defense Expungement
- Human Trafficking Expungement
- Automatic Juvenile Expungement
- Early Juvenile Expungement
Musca Law Firm
If you have been charged with any criminal drug charges, Musca Law Firm wants to represent you. We offer a free initial consultation to go over your case, in order for us to build the strongest case possible on your behalf. Our attorneys will negotiate their way through the court to get you the most favorable outcome for your case.
Once your case is settled, if you are eligible for expunging your record, we will be able to assist you in this matter as well. We will take care of all the paperwork so you do not need to worry about any of this at any time throughout your legal proceedings.
Our firm has over 150 years of combined legal experience. Please call us today at (888) 484-5057 to schedule your appointment.
RESULT: Musca Law Defense Lawyer obtained a Nolle Prosse, and the State withdrew the felony charge. Our Client is eligible to have his felony charge EXPUNGED!