How do I submit a no prosecution paper to Miami-Dade County?

Question from Mike, How do I submit a no prosecution paper to Miami-Dade County?

Answer from AI:

If you are involved in a criminal case in Miami-Dade County and wish to submit a “no prosecution” paper, also known as a “nolle prosequi” or “nol pros,” you are essentially asking the prosecutor to drop the charges against you. This process involves several steps and may require legal assistance. Below is a general guide on how to proceed.

Understanding “Nolle Prosequi”

“Nolle prosequi” is a Latin term meaning “will no longer prosecute.” It is a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit or action. In criminal cases, it means the prosecutor decides to drop the charges.

Steps to Submit a No Prosecution Paper

1. Consult with an Attorney: It is highly recommended to consult with a criminal defense attorney. They can provide personalized advice and help you navigate the legal system. An attorney can also draft the necessary documents and communicate with the prosecutor on your behalf.
2. Prepare the Document: If you decide to proceed without an attorney, you will need to draft a “Motion to Dismiss” or a “Nolle Prosequi” document. This document should include:
   • Your name and case number
   • A statement requesting the charges be dropped
   • Reasons for the request (e.g., lack of evidence, witness recantation)
   • Your signature and date
3. File the Document: Submit the document to the Clerk of Courts in Miami-Dade County. You can do this in person or, in some cases, online. The Clerk’s office will stamp the document and enter it into the court record.
   • Miami-Dade County Clerk of Courts: [Miami-Dade Clerk of Courts](https://www.miami-dadeclerk.com/)
4. Serve the Document: You must serve a copy of the document to the prosecutor’s office. This can usually be done by mail or in person. Make sure to keep proof of service.
   • Miami-Dade State Attorney’s Office: [Miami-Dade State Attorney](http://www.miamisao.com/)
5. Attend the Hearing: The court may schedule a hearing to consider your motion. Be prepared to present your case and answer any questions the judge or prosecutor may have.

When Legal Advice is Necessary

Submitting a “nolle prosequi” paper can be complex, and the outcome is not guaranteed. Legal advice is crucial, especially if:

• You are unsure about the legal grounds for your request
• The case involves serious charges
• You have a prior criminal record

Additional Resources

For more information, you can refer to:

• [Florida Rules of Criminal Procedure](https://www.floridabar.org/rules/ctproc/)
• [Miami-Dade County Criminal Court Information](https://www.jud11.flcourts.org/Criminal-Court)

Remember, while this guide provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney to ensure your rights are protected and to receive guidance tailored to your specific situation.