State Attorney’s Office filed a Nol Pros of the Information (Loitering and Prowling) after I pointed out that it’s an automatic Judgment of Acquittal at trial and advised I’d be filing a Motion to Dismiss. I explained the law on the subject (and provided case citations) which the trial ASA reviewed and then agreed with me that the case would be a Judgment of Acquittal. State filed a Nol Pros (dismissal) of the charges. Just wish he’d done so 45 minutes earlier, as I was mostly finished writing the motion to dismiss. We’d only been hired on Wednesday, May 26th and got the case dismissed on Friday of the following week (June 4th). This is a little unusual, it’s an artifact of this particular charge since the case law against prosecution is so overwhelming. State wasn’t aware of the case law regarding it.
The Umansky Law Firm Criminal Defense & Injury Attorneys