Occasionally I rock.
I just returned from Court. After eighteen months of prosecution, two discovery-related court dates, and three prior trial dates (at which nothing happened, and a new trial date was selected), the ADA nolle prossed the case.
A nolle pros (a little bit shorter for 'nolle prosequi', and pronounced 'null prahs') is the lite beer of dismissals. It means that the case is over and my client is free. It can be considered a final and favorable result for the purposes of a malicious prosecution claim (which typically requires a 'not guilty' after trial), which does not apply here but I mention because it is the closest thing to 'whoops, we fucked up' as the government ever admits.
It was a treble pleasure since (a) the government's case was ridiculously thin and should never have gone to trial in the first place (b) it was a minor drug charge ('conspiracy to possess', essentially, 'trying to buy') against a guy with a lot of priors from before when he cleaned up his life (and therefore facing over-severe penalties) and (c) I really think he was innocent. Totally wrong place, wrong time, wrong friend to get in his car.
The client is ecstatic. I had to tell him to compose himself before coming into the courtroom because I didn't want the risk the ADA changing her mind if she saw how pleased my client was.
The downside is that the Commonwealth could refile a new complaint in the future if they get more evidence. Double jeopardy does not begin until a jury is impanelled.
While I don't get to claim any criminal trial advocacy XP, it was certainly a good day for lawyering.
A nolle pros (a little bit shorter for 'nolle prosequi', and pronounced 'null prahs') is the lite beer of dismissals. It means that the case is over and my client is free. It can be considered a final and favorable result for the purposes of a malicious prosecution claim (which typically requires a 'not guilty' after trial), which does not apply here but I mention because it is the closest thing to 'whoops, we fucked up' as the government ever admits.
It was a treble pleasure since (a) the government's case was ridiculously thin and should never have gone to trial in the first place (b) it was a minor drug charge ('conspiracy to possess', essentially, 'trying to buy') against a guy with a lot of priors from before when he cleaned up his life (and therefore facing over-severe penalties) and (c) I really think he was innocent. Totally wrong place, wrong time, wrong friend to get in his car.
The client is ecstatic. I had to tell him to compose himself before coming into the courtroom because I didn't want the risk the ADA changing her mind if she saw how pleased my client was.
The downside is that the Commonwealth could refile a new complaint in the future if they get more evidence. Double jeopardy does not begin until a jury is impanelled.
While I don't get to claim any criminal trial advocacy XP, it was certainly a good day for lawyering.